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Wills & Executry Help

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Wills & Executry Help

"Wills”

IT’S ALL IN THE DETAIL

Yes we could talk about how easy it is to write a Will but let's be honest they can be more complex than can be first expected. There is a reason why you ask a lawyer to draft your Will. You only get one chance to get it right. When you need to rely on the Will if there is any error you cannot go back and change or amend it. Its either right or its wrong.

Well to start with the Will requires to follow a legally prescribed format and be validated by the correct people. It must be free from undue influence and as such witnessed by a truly independent person. Furthermore the Will must not try and disinherit any person from their legal rights. So what happens if the Will has errors? Well the worst case is tht it is invalid (Void). In other cases it can be challenged due to infringing on others rights; being illegal or containing or having errors of fact. There can also be challenges made if it can be shown that the person lacked mental capacity. Drafting a Will correctly can be tricky if you do not know the rules and you do not want the Will to add to the stress and pressure especially when money, assets and sentimental items are in dispute.

Inheritance Tax can have a huge bearing on the drafting and distribution of any assets in a Will. To this end your lawyer will no doubt work closely with your accountant or tax adviser. Again the time to get expert advice is when you draft the Will not when you need to action the Will. Seek independent legal advice and take advantage of a free consultation to appoint a lawyer to oversee and draft your Will. Likewise a lawyer is the best person to examine any Will you wish to challenge or amend.

 

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