Your Will Matters

Wills and Inheritance issues

Monthly Archives: April 2009

Most Wills that fail due to faulty attestation

Most Wills that fail is a result of faulty attestation

It seems that in the United Kingdom the biggest reason for Wills failing, i.e. being rejected for Probate, is down to defective attestation.

For a Will to be properly attested (signed) there has to be two witnesses present who witness the attestation by the person making the Will. In other words these two witnesses must actually see the Will being signed.

When I supervise the attestation procedure I advise the witnesses that for the next few minutes they must stay in the room, switch off their mobiles and await my instructions. This helps prevent them wandering off and, hopefully, after I have explained to them exactly what they have to do they will have a clear idea of their role. The two witnesses should then sign the will confirming that they have witnessed the signature by the testator.

This failing is most frequently found when DIY Wills are presented for Probate. The proper procedure is surely mentioned in the instructions of the DIY Will package but the potential for missing this one vital point is very high.

Of course the unfortunate result of this is the person who made the Will has died intestate. perhaps a very good reason to let a professional have a look at your Will if it was a DIY Will.

Your parents are getting older: will you help them plan their estate?

As your parents are getting older do you need to you help them plan their estate?

Watching our parents get older can be difficult. Our parents are the ones who made sure we were safe and secure, who advised us and who we looked up to. They have always been there for us.

As we become adults and parents ourselves we can see our parents are ageing. Frequently the roles and responsibilities change to the extent that the child effectively takes on the job of guardian of their parents. It may become obvious that our parents need help and advice to plan their finances and in preparing their estate.

They may need to be encouraged to seek out professional advice to help them sort out their affairs properly. It may be difficult and even uncomfortable to embark on such a discussion especially as it involves acknowledging the ‘potential’ of dying. There is the risk that it will look like the child is trying to manipulate the distribution of the estate. Nothing changes the fact that is is a very important conversation to have.

Estate planning really must be completed sooner rather than later before your parents reach a point where that are unable to effectively plan by themselves. Sometimes Alzheimer’s disease or dementia can rob them of mental abilities and accidents can bring about incapacitation.

A Lasting Power of Attorney can be established for each parent so that their affairs, both financial and potentially medical, can be managed in their interests and the interests of the family, should they lose capacity.

Any good estate planning must include Wills. The wills serve to establish both the distribution of the assets in the estate and who gets to do it, as nominated executors. Having well drafted Wills in place will also help prevent any additional problems between family members at at time when they will be dealing with the aftermath of the bereavement.

A difficult discussion for you to initiate but you will be contributing to your parents peace of mind which in turn will make their remaining years more fulfilling. It really does make sense for you to encourage them to look for estate planning advice while they are still in a position to do something about it.

Is a common law wife an old wives tale ?

Is a common law wife just an old wives tale ?

There are many people who choose to live together without getting married or becoming civil partners.

The idea of ‘common law marriage’ is a bit of folklore that permeates many peoples thinking. The belief that they will automatically benefit from legal safeguards if their relationship breaks down or one partner dies is quite wrong.

Their relationship with each another has no legal standing, and they have no special status in English law.

If you do not have a Will, as you are not related, should one die their estate will pass to their immediate family under the intestacy rules, rather than to their partner (except their share in the home if they are joint owners and hold as joint tenants). The surviving partner cannot get involved in administering the estate either.

If you do have Wills, do they suit your circumstances as unmarried partners?

Whatever a common law wife may have meant in the past it will not give the surviving partner any help should either one of you die intestate.

Should I gamble on My Will ?

A gamble on My Will is OK this week!

Well if you are betting on the Grand National that would be a good bet according to the bookmakers.

If it’s a gamble on doing a DIY Will that is another matter. You can save a bit of money now but the cost to your family in terms of emotional turmoil and potential disputes could be enormous.

making a Will is not for your immediate benefit but it can give you real peace of mind but probably only if you use a professional to do it for you.

Tags: DIY, Inheritance Planning, Will

Filed in Wills | Bill Ryan | Comments Off