The importance of having a well-written will should never be underestimated and yet recent studies show that around two-thirds of adults do not have a will.
If you die without a will, your estate (i.e. your assets) will pass under a set of default rules called the “intestacy rules”. Within these rules there is no recognition of unmarried partners, there is no such thing as a “common law spouse”, and even your spouse may not receive as much as you think they might.
A well-written will drafted by a qualified solicitor has the best chance of standing the test of time, saving you and your family money and stress in the long run. We will consider not only your current family circumstances, but also what might happen in the future, to create a will that works for different scenarios.
Our courts view the validity of wills extremely seriously and there are many strict rules that must be followed in order to establish that a will is valid. These rules govern the wording used within the clauses of the will, the way it is witnessed and signed, and the way it is presented and bound to name just a few! These strict rules are often overlooked and can lead to a will being completely invalid.
The major issue with wills is that problems generally won't come to light until after your death. Such problems are difficult and costly to rectify or, in many cases, cannot be rectified at all. Often this results in the estate passing in a way that was not intended and a lot of stress and upset for those left behind after just losing a loved one.
Having a will drafted by a qualified solicitor will not only ensure its validity but will also help the will to stand up to potential scrutiny by disgruntled family members. A qualified solicitor will keep vital records as to the testamentary capacity of the person making the will, i.e. the state of the person’s mental well-being that indicates their understanding of the document and the decisions made within it.
Please call us for a free telephone consultation about your circumstances and the type of will that would be suitable for you.
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