One common reason our contentious trust and probate team see Wills being disputed is because the Will is believed to be invalid. It is important when making your Will that you understand how a valid Will is made and ensure you take the appropriate steps, to avoid your loved ones having to possibly raise a claim when you have passed away. In this article, we discuss what makes a Will invalid and what to do if you believe your loved one has left behind an invalid Will.
Tag: Wills and Probate
Often we speak to clients who believe they have, or don’t have certain legal rights – which are often commonly held perceptions in the general public however, not necessarily correct.
As there are many misconceptions about family circumstances and the law, we thought it would be helpful to provide a brief summary of a few situations and beliefs we commonly come across about common law marriage rights, father’s rights, divorce grounds, Wills and Lasting Powers of Attorney, to help you understand your true legal position.
If you do find yourself in any of the below situations though, it is always important to seek independent legal advice to understand your individual position and rights.
With property values increasing, more people are becoming concerned that their families may have to pay inheritance tax when they pass. However, there are a number of exemptions related to inheritance tax that can be considered when writing your Will, in this blog, we’ll look specifically at the basic nil rate band and the residence nil rate band.
When a person makes a Will, they must have testamentary capacity to ensure their Will is valid. Over recent years, we have seen huge percentages of Wills being contested due to doubt over a Testator’s (the person who made the Will) capacity. In this article, we’ve explained what the testamentary capacity requirements are and shared points you need to consider if you have any doubts over an individual’s capacity when they made their Will.
When writing a Will, there are specific steps you need to follow to ensure validity. A critical step in the Will writing process is to have the signing of the Will witnessed – by two independent witnesses. In this blog, we explain the Will signing process and why this step is important.
If a person passes away intestate, it means they haven’t left a valid Will in place. This means that their estate will be dealt with according to the Rules of Intestacy. In this blog, we’ve shared what this means and why we always recommend adults of all ages have a valid Will in place and ensure it is up to date following any major life changes.
What happens to inheritance following a divorce is a common question clients ask, which is a complicated question to answer due to the complexity of this area, where mortality crosses with different areas of the law.
Understandably, the pandemic has enforced a sense of urgency to ensure we protect our loved ones should the worst happen to us. This has resulted in a surge of people of all ages amending their Wills or making a Will for the first time, to ensure their affairs are in order and their loved ones are protected. In this blog, we explain why making a valid Will is important no matter what your age and how the pandemic has changed the way we work – which may continue into the future.