Posts tagged “intestacy”

People are now more than ever realising that their affairs should be put in order. And with the situation as it currently is, there is a sharp rise in people suddenly jumping on the bandwagon and setting themselves up in their bedroom as Will Writers, offering cheap online Wills. So why should you choose someone like Angela Jane Will Writing over a online cheap will? 
People are asking whether, because of the requirement to have two witnesses, it is possible to create a valid Will during the current coronavirus lockdown. 
 
Currently, your Will must be in writing and be signed and dated by you or by another person ‘in your presence and at your direction’. If someone else signs your Will then it is a good idea to keep record with your Will of why this was necessary. 
 
You will also need two or more witnesses who are present when you sign your Will. Witnesses must be over 18, they must not be partially sighted and must have the mental capacity to understand what they are doing and what it means. The reason two independent witnesses are essential is to prove, if needed, that your Will was properly executed. 
 
The obvious solution during the current lockdown might be to ask people in your house to sign your Will, but they can only do this if they and their spouses are not beneficiaries of your Will. They would lose their inheritance by witnessing your Will. 
We usually expect a Will to be a paper document that has been signed with a pen and ink, but there are some more unusual ways to do it. 
 
Some of them perfectly acceptable and legally binding, but others could be invalid, leaving you intestate
Two out of three people in the UK risk having strangers make decisions about who benefits from their estate after they die. 
 
A survey by Remember a Charity has found that 68% of UK adults haven’t made a Will
 
Many people put off writing their Will because the have made assumptions about when they should do it and who will inherit.  
 
Here are just some of the reasons. 
As the summer comes to an end, you might start dreaming about moving somewhere warmer, where you can enjoy year-round sunshine. 
 
If this is something on your wish-list, then you should consider making your Will before you move to your dream home in the sun. 
Whether it’s your first purchase, or one of many, buying a property is a big investment that will be included in your estate. 
 
Although you aren’t required to have a Will in place when you buy a property, it’s important to be clear about what you want to happen to it when you die. 
When someone dies the process of releasing their assets is called probate*. This must be completed before beneficiaries can receive their share of the estate. 
 
The exception is when all the property is jointly-owned and money passes to a spouse or civil partner. 
 
If you are dealing with probate for the first time this can all be quite daunting, so here are some things you might want to know. 
When you write your Will, you should have a clear idea of what you want to achieve. 
 
However, if your will isn’t properly written or someone feels that they have been unfairly excluded, your Will could be contested after your death. 
 
There are also a number of other grounds on which your Will can be challenged. All or part of your Will could be invalid if the challenge is successful. 
 
If all of your Will is invalid, and you don’t have a previously valid Will, then your estate would be handled according to the laws of intestacy
When you have taken the time to make your will you’ll want to be sure your your wishes are going to be carried out. 
 
Unfortunately, there are a number of things that can make all or part of your carefully considered will invalid. 
 
If your will is not legally valid your estate will be shared out under the rules of intestacy, which will not necessarily be as you would wish. 
In the television show ‘Family Fortunes’ relations work together. Unfortunately, it’s not always the case. This is a true and very sad story… 
 
Two sisters eventually escaped from their violent father and drunken, uncaring mother. In their adult lives they helped and supported each other. 
 
One of the sisters started a family and built a strong network of friends. Unfortunately, the other sister’s emotional scars from their early childhood experiences went so deep that she was unable to resist them. 
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