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Afonwy HowellPryce
Robertsons Solicitors 029 2023 7777 www.robsols.co.uk Why do I need a will? A will tells everyone what you would like to happen to your assets and personal possessions when you die. Without one, you cannot be sure that these will go to the people you would like them to. At what age should I make a will? If you haven’t got one – now! A will should be made as soon as you can, and certainly when you begin to acquire assets, including property. It’s also important to keep your will updated. If a benefactor dies, or your family situation changes, you need to amend your will accordingly. What will happen if I die without a will? If you die intestate (without a will), distribution of your estate is governed by law. Your spouse or civil partner may inherit according to law, but your children and other family members may be excluded. What is probate? Probate or Letters of Administration if there is no will, is the legal process that ensures that the correct taxes are paid against your assets on your death, and that the remaining estate is distributed in accordance with your will, or under the intestacy laws if there is no will.
evelyn James
Damian Clode
Loran Beynon
Do I need to change my will if I marry or get divorced? Yes, you need to change and execute a new will as marriage invalidates a will unless the will was made in contemplation of marriage. If you divorce, it does not automatically invalidate your will but your ex-spouse will be treated as having died as at the date of your divorce. So, if you have left everything to your ex-spouse there is potential intestacy.
Clodes Solicitors is a family run firm of solicitors who have been providing contentious advice for 35 years.
At what age should I make a will? There is no wrong age to make a will. A lot of people associate wills with the elderly, but this should not be the case. Unfortunately, the only certainty we have in life is death, so a will is for everyone. If you want to make sure your wishes are followed on your death, then you should make a will.
JNP Legal 02920 763211 jnplegal.org
What should I do if I need to challenge a will of someone who has died? You can enter a caveat to prevent the grant being issued by the probate registry provided you have reasonable grounds to challenge the will itself or you could also bring a claim under the Inheritance (Provision for Family and Dependents) Act 1975 if you were financially dependent on the deceased and you fall into certain classes of claimants (wives, children and cohabitees, for example). There are a number of options and time limits and you should take legal advice. How should I choose the executor of my Will? Wisely. Family, Friends or Professionals can be appointed. It is best to choose more than one and make sure they get on and do not disagree after your death. It is best to discuss it with them first.
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Clodes Solicitors 02920 765050 www.clodes-solicitors.com
Can I remove an executor? Executors appointed by a will can renounce before they have accepted their appointment. Once an executor has accepted, whether that by intermeddling or otherwise, an order from the court for their executorship to be terminated will be required. Can I challenge a will? In short yes, there are many ways a will can be challenged. A summary of the most common grounds are listed below: • The deceased did not have capacity to make a will • The will is invalid • Undue influence • Claim for financial provision (Under the Inheritance (Provision for Family and Dependants) Act 1975) • Promissory Estoppel – Estoppel in short would stop the deceased via their will circumventing the promise the deceased made to the promisee. Promissory Estoppel requires a clear promise to the claimant that the claimant relied upon to his or her detriment. It is important that any person considering challenging the validity of a will seeks legal advice promptly.
JNP Legal 01443 450561 jnplegal.org
What is probate? Probate is the name given to the process of dealing with a person’s estate when they have passed away. A grant of probate shows your legal entitlement to be able to collect in and distribute the estate in accordance with the will. How long does it take? The timescales would vary according to the size of the estate. We estimate three months to obtain all the relevant documents, complete the IHT forms, oath and estate accounts, and three months thereafter to obtain the grant, collect in the estate and distribute accordingly. However, this can vary somewhat depending on what is involved in any particular situation. Do I need to use a solicitor for probate? You do not have to use a solicitor, however, this can sometimes be a difficult time, and we here at JNP Legal are more than happy to assist you during this process, and can offer competitive fixed fees.