Kempshott for issuu october by amedcraft

Date: December 2013

By Sheila Glyn-Owen, solicitor specialising in Wills and Probate Direct line 01256 854637 email sglyn-owen@phillips-law.co.uk When everyone is counting the pennies, it’s all too tempting to try some DIY to save a few pounds. That may just work if you are handy around the house but beware if you are thinking about a Do It

Disputed Willsyou and Inheritance Acttoclaims Yourself Will pack; need to know the risks you and your family. You may see initial savings but By Alastair Yapp, Solicitor

when you die your DIY Will could become a DIY disaster and a nightmare for your family. The loss of a loved one is always a sad and difficult time. The situation can be made all the worse if there is a dispute

DIY Will or DIY Disaster?

over the contents of a will or if there is another inheritance issue. This is where our Litigation Team can help, working Sheila a solicitor specialising in Wills and Probate at Phillips advises ‘The errors in a minimum closelyGlyn-Own, with our Wills & Probate Team, providing expert legal advice, withSolicitors, a sympathetic approach and with of distress. Date: December 2013

DIY Wills can be wide ranging and at worst an error can result in a Will being invalid and your assets

An example of this is when we are sometimes asked if there is anything that can be done if a will fails to make adequate

passing to for someone – this can even be in the if you are married with children!’ By Sheilaunexpected Glyn-Owen, solicitor specialising Wills and Probate provision someone who was financially dependant oncase the deceased.

I’m not a celebr

Whilst we are generally free to dispose of sglyn-owen@phillips-law.co.uk our assets as we see fit, the law, through the Inheritance (Provision for Family Direct 01256 854637 Wills are subject toline a wide range of email rules and laws, and one of the main problems with the DIY

and Dependants) Act 1975, does provide protection for people who have been financially dependant on the deceased.

The aim of Act is to provide legal protection spouses, children and other where a of person died celeb ‘You may not behas a wealthy When is counting the pennies, all too tempting to try some DIYdependants, towarns save aof few pounds. approach is the that a everyone badly drafted Will can render for itit’scompletely invalid. Sheila also the risks without leaving sufficient money for their continued wellbeing. hard about having a prenuptial a That just work ifunqualified you are handy around the house bewarehaving if you are thinking aboutofa shoddy, Do It being exposed tomay unregulated, and uninsured Willbut writers seen examples Emily Poynter, family solicitor at If a will fails to make reasonable financial provision, then you may be able to make an Inheritance Act claim. In this Yourself Willtake pack; youaccount need to the know the risks toneeds you and your family. and You may see initial savings butwhat but lives together in the eyes of t situation the court will into applicant’s and resources consider these against would be badly written Wills that are not legally binding and have hidden charges which inflate the advertised reasonable for their maintenance. the financial consequences of the when you die your DIY Will could become a DIY disaster and a nightmare for your family. price of the Will. In Summary Sheila advises ‘DIY is good for the occasional bit of decorating,Clearly but when you are executed not going into ma Alternatively, there may be various ways in which to challenge a will, for instance when a will has not been Sheila Glyn-Own, a solicitor specialising in Wills and Probate at Phillips Solicitors, advises ‘The errors in unfortunately that happens mor the testator did not have capacity into a will–or where pressure has been put on the itproperly, comes towhere protecting your loved ones, don’t go fortoa enter false economy speak to undue a professional.’ you should have a prenup: testator fromDIY a third Wills party. can be wide ranging and at worst an error can result in a Will being invalid and your assets  637. If you are much wealthi For professional legal advice preparing your Will please call Sheila Glyn-Owen onchildren!’ 01256the 854 If you are considering makingwhen aunexpected claim disputing theeven validity ofcase a will or making a claim Inheritance Act, it is passing to someone – this can be the if you are married with under yourapartner important that you seek specialist advice at the earliest opportunity. It is worth bearing in mind that that to bring claim is marr www.phillips-law.co.uk  If you are remarrying an under the Act, you must start case in court within six months of Probate being obtained. Permission of Wills are subject toyour a wide range of rules and laws, and oneofofthe theGrant main problems with the DIY or other significant asse the court is required if a claim is made too late. approach is that a badly drafted Will can render it completely invalid. Sheila also warns of the risks pass of away, your assets At Phillips Solicitors we have a great deal of practical knowledge and professional expertise in dealing with disputed your first family, nor you being exposed to unregulated, unqualified and uninsured Will writers having seen examples wills and Inheritance Act claims. We advise both individual claimants wishing to make a claim of forshoddy, adequate financial  If you own part of a bu provision and beneficiaries who want to defend their interests a disputed will.inflate the advertised badly written Wills that are not legally binding and haveunder hidden charges which owning a share of your b We look to resolve quickly Sheila as possible. fact, we always you try but when price ofproblems the Will. InasSummary advisesIn‘DIY is good for the recommend occasional bitthat of decorating, partners may not want th and stay out of court when you have a dispute. But in some cases going to court is inevitable.  If your partner has a lo it comes to protecting your loved ones, don’t go for a false economy – speak to a professional.’ If you have any concerns about the validity of a will or if you are considering making an Inheritance debts if your marriage e Act claim, please do not hesitate to contact Yapp ourplease Litigation teamGlyn-Owen by calling on 01256 For professional legal advice whenAlastair preparing yourinWill call Sheila 01256 854 637. does not happen 854649 or email him at Alastair.Yapp@phillips-law.co.uk. www.phillips-law.co.uk For more information about Phillips Solicitors visit www.phillips-law.co.uk.

Phillips Solicitors Town Gate 38 London Street Basingstoke Hampshire RG21 7NY t. 01256 460830 f. 01256 854638 e. legal@phillips-law.co.uk w. phillips-law.co.uk dx. 123073 Basingstoke 10