Wills and Probate
WILLS AND PROBATE
A will is a vital document in making sure your intentions are followed in looking after your loved ones after you are gone. It is never too early to make a will, and once done you can be certain that your wishes will be fulfilled when you are no longer around.
Similarly, if you change your mind as to who you want to leave your assets to, then it is a relatively easy exercise to make a new will.
If you have not made a will, then intestacy rules will apply on your death. These set out who your assets will pass to and in some situations may benefit someone whom you might feel is undeserving.
It is also important to know that a marriage invalidates a will, unless the will was made in contemplation of that marriage. The best advice, if recently married, is to make a new will.
Section 77(1) of the Succession Act 1965 sets out some of the criteria for a will to be valid. The person making the will (testator or testatrix) must be at least 18 years old or married (or been married) and of sound disposing mind. The test in relation to being of sound mind can be summed up as follows:
- The testator must understand that they are executing a will as a document that will dispose of their assets
- The testator must know the nature and extent of the property which is being disposed of
- The testator should consider all of the people who might be expected to benefit and then to decide whether or not to benefit them
How we can help
A will should be done by a professional as there are a number of formalities which need to be observed to make sure your will is properly valid.
Probate is the process in which an estate is formally distributed to the deceased’s loved ones. This can involve some relatively convoluted steps which Philip Vint & Co. Solicitors can deal with on your behalf.
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