Will Writing and Intestacy Rules

Intestacy Rules and DIY Will Writing Kits

Will writing solicitors give you the peace of mind you can’t get from DIY kits of a document that hasn’t been supervised by a legal expert.  Just think that you need to name an executor of your Will but without legal advice, the one named to execute your Will and your heirs might encounter problems and even end up in court contesting your wishes.  If the courts rule that your will is invalid, your estate will then fall under the rules of intestacy.

So what difficulties or problems might your heirs come up against if your Will is invalid?  Your spouse or civil partner will loose at least some if not all rights to inherit any of your estate, including your car and house where you lived together.  Your children will be a far more complicated affair because legal officials will intervene and decide what is in the children’s best interest, which might differ from your own wishes set out in the Will.

Intestacy Rules – Invalid Wills

Without a Will, a civil partner cannot be an heir so it is of vital importance that you make provisions before it is too late and your partner is literally homeless because the house is in your name but there’s no Will to attest joint ownership.

Dependents and Pets

You need to make guardianship provisions for your children under 18 and those dependent under and over 18 year olds with special needs.  Failure to provide guardians for them will result in the authorities making decisions that you would under no circumstances support.  Some children end up either with the surviving irresponsible parent, the closest family relation who isn’t the most loving relative, or the children might end up in a foster home.

If you have any pets but make no provisions for them, they will likely be placed in a home.  Your relatives and friends may argue over who is entitled to keep your pets and some will be unwilling to look after your beloved dog or cat.  Ensure your pets’ future by making provisions in the event of your death.

Allocation of Valuables

Allocation of any possessions, including your car and the contents of your home will be set out by the courts if you don’t leave instructions of the division of your estate.  Clear instructions need to be in place so that no problems arise, giving way to court battles and family feuds.

Did you know that tax can be calculated and deducted from your estate?  Your Will writing solicitor can negotiate any owed taxes and can arrange for reductions in any penalties or payments.  Your solicitor will ensure your Will is valid, avoiding any intestacy rules, but will also protect your loved ones as well as your estate.  SG

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March 19, 2018 at 9:00 am
Category: Wills & Probate

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