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Partner - Accredited Specialist in Wills & Estates Law
Partner - Accredited Specialist in Wills & Estates Law and in Property Law
Partner
Wills
At its simplest, a will is a written statement signed by a person ‘the testator’ appointing someone ‘the executor’ to deal with their assets and liabilities in a particular way when they die.
While on the face of it a will can seem quite simple, there are many factors which affect the validity of wills and the effectiveness of gifts or directions made in a will. Proper will drafting requires skill and expertise.
For example, a will leaving “my red Ferrari to my brother” may be ineffective if the testator sold the Ferrari before they died and bought a different car. Similarly, a will leaving “all of my estate to my husband and my family in shares determined by my executor” could also fail to be effective because what is meant by ‘my family’ may be unclear and the executor’s discretion may be wider than permitted by law.
When a will is invalid or particular gifts fail, or when a person has no will at all, their property may be dealt with under the laws of intestacy. This means that particular relatives (for example spouse and children, parents and brothers and sisters) receive entitlements determined under a statutory formula. In many cases, applying this formula can produce a result which is quite different from what the individual would have wanted if they had known and taken the time to plan their will beforehand. For this reason, even if your estate is not complex, we recommend having a will prepared by solicitors with expertise in this area.
Excluding someone from your will nearly always calls for professional input because of the potential for them to make a claim against your estate after you die. We can provide the expertise needed to draft your will and an admissible statement explaining the exclusion of a possible claimant.
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