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Writing a Will: A Checklist

Posted on by Jonny

A Will writing checklist is a great thing to have for the Do It Yourself type.

Though you can make updates to your will, and if circumstances change a lot, you can make a new will entirely, it is best to know what to include from the start. This will simplify the process and ensure that your will is carried out as efficiently and as effectively as possible.

Your official Will writing checklist

Find Any Previous Wills

If you have any previous wills, you will want to locate them. You can then create a new will, but be sure to account for any previous editions, too.

Up-To-Date Personal Details

When creating your will (or updating it), you will want to ensure that all of your personal details are correct, up to date, and free of spelling errors.

Choose Your Beneficiaries

The next step is to choose your beneficiaries. Go through the list carefully to ensure that you don’t forget to include some people. You can name people to split up your estate to, and who to give special gifts to.

Make Special Decisions for Children

If you have children under the age of 18 or similar responsibilities, you will then want to outline who you want to take care of them.

Please know that this shouldn’t be a surprise. so gain confirmation from your friends or family. Then include that agreement in the will so that there is no reason to contest the issue.

Make a Note of Your Debts

When creating your will, it is important to work out your debts. If you have debts, these will be taken from your estate first. You can even write out a clause that states you wish the executor to sell your home. Accordingly, to pay off debts and to distribute other assets to your beneficiaries.

Tip: Work with The Inheritance Experts to work out how to minimise the impact of the Inheritance Tax.

Make Funeral Arrangements

With any will writing checklist, you also need to consider the inevitable.

To this end, you should work out funeral arrangements in advance. This way, you can ensure they carry out the wishes of your will. Moreover, you show you intend to pay for it (rather than forcing the family to bear the brunt).

Choose How You Wish to Divide Your Estate

Great: now you know how you intend to deal with debts and funeral costs. Furthermore, you will want to outline how you wish to divide your estate.

Make Provisions

It is also important to make provisions. If all your beneficiaries die before you, for example, you can name a charity to donate your estate to.

You can also add additions that explicitly exclude people who would otherwise have a reason to contest your will.

Make a Lasting Power of Attorney

To ensure your will is carried out, you’ll want to give your will a Lasting Power of Attorney (LPA for short).

Store Your Will Safely

Last but not least you will want to store your will, any previous editions of your will and all codicils of the will safely. This way, there is no doubt as to which will is the one your executors are to carry out.

Though you can create a Will and Testament on your own, it is always best to create it with The Inheritance Experts. Thus, you ensure that your will is carries out correctly.

What are the Duties of an Executor of a Will?

Posted on by Jonny

When a member of the family dies, it can leave you lost. If they left behind a Last Will and Testament, however, it provides a guideline on what to do to settle their estate. If you give an executor duties over the estate (which you can be even if you are a beneficiary named in the will), they can carry out the will and to settle all debts.

With the help of a solicitor and any of the other executors, you can get through this process easily. In doing so, you can provide the testator one last service by seeing out their final wishes.

What is an Executor?

First, an executor may or may not be a beneficiary of the will in question. But in essence, their job is to carry out the Last Will and Testament of the testator. There can be up to four executors chosen so that you can share in the responsibility. In general, one executor is usually chosen to carry out these duties.

A long list of executor duties

In short, the actual responsibilities include the following executor duties we list below.

Probate

In essence, the executor will apply for probate. This will give you the legal right to manage the testator’s estate in their stead and carry out their will as outlined in their Last Will and Testament. It is usually only necessary to apply for probate* if the estate is worth more than £5,000.

Acquire the Will

You will need to acquire all versions of the will including any codicils made to the Will. Though the only Will necessary to execute is the final version, it is crucial to have all versions on hand. Once you have this Will, you’ll want to create copies for both the government and the beneficiaries.

Arrange the Funeral

If the Will outlines funeral arrangements, it’s important to follow those through. If the testator works out a method of payment (either from their own account or through an insurance plan), you can then obtain the fees to pay for the funeral so that the family doesn’t face unnecessary costs.

Secure the Deceased’s Assets

Learn what assets the testator has. This means collecting all belongings, properties, businesses, shares, and savings.

Evaluate Estate

For any item/property with a monetary value greater in value than £500, it’s essential to get a professional evaluation. If there’s

  • no one living at the property of the testator, and;
  • the property was in their name;

you have two critical bodies to notify.

  • The insurance company and;
  • The government.

That way, the deed goes into the name of the estate until selling on passing it on, per requirements.

Notify Creditors and Government of Death

This is as part of the government notifications you need to make. You’ll want to notify creditors, subscription agencies, and the government of the testator’s passing.

Close Their Accounts

In short, the executor can close all the testator’s accounts, including pension and subscriptions.

Pay Off Debts

Executors pay off the testator’s remaining debts and any taxes on the estate. Only settling these amounts can the remaining amount go to the beneficiaries.

If their estate is not enough to carry out the debt, then the beneficiaries receive nothing.

Distribute Remaining Estate to Beneficiaries

sSupposing that there is money or property left, distribute it accordingly amongst the beneficiaries.

Can You Claim Expenses For Executor Duties?

In short, yes: you can claim expenses as part of your executor duties.

Can You Have a Solicitor Help You With Executor Duties?

Yes, and in fact, you should find a specialist in this field if you lack the experience. It’s best to hire The Inheritance Experts to help you through this process.

Footnotes
All UK Written Wills
No Win No Fee*

*This means you need to file the PA1 and inheritance IHT form and pay a £200-£215 fee)

Write Your Own Will and Testament: A Guide

Posted on by Jonny

Think you’re ready to write your own will? In short, everyone should have an official Last Will and Testament. It’s the only way to ensure estate receive proper management, rather than the court deciding on who gets what owing to a few outdated parameters. Your children, for example, wouldn’t get anything from your estate if you have a surviving spouse or civil partner.

Having a will means that your wishes on how your estate is shared are honoured. Difficult estates and wills, by contrast, require the advice of The Inheritance Experts. But if your estate (the total value of all your assets) is small and your will is straightforward in nature, you can write your own will.

To do that effectively, you’ll want to follow this guide.

Write Your Own Will: Evaluate Your Estate

The first step to write your own will is to evaluate your estate. This means determining the total value of all you have, both in terms of liquidated assets and in terms of personal belongings. You can bequeath your beneficiaries items like furniture or jewellery, or you can give your beneficiaries a monetary amount.

When evaluating your estate, it is crucial to estimate your debt. All debts and taxes must be paid before the beneficiaries can get access to your account.

Set Out Who You Want in Your Will

The next step is to set out who you want in your will. Include details like who should take care of your children if they are under the age of 18, and who you intend to name executor. Executors are the ones who carry out your will. You can name up to four.

You should also make exceptions. For example, if all of the beneficiaries you name die before you, you can then donate your estate to a charity of your choice.

Explain Who Gets What

In essence, you set out who gets what. Ideally, take into account your debts and inheritance tax before you do this.

What if You Want to Update Your Will?

Codicils are official updates to a will. If the changes you want to make are complicated, however, it is best to create a new will. Generally speaking, you should update or at least check over your will every five or so years. If a significant change in your life has happened (like a grandchild), then update as soon as possible.

When You Write Your Own Will, Ensure It’s Valid

You will also want to make sure your will is legal and valid. Generally speaking, ensure you’re of a sound mind; over the age of 18, and do it in the presence of two witnesses who are not beneficiaries of your will.

When You Should Get Expert Advice

If your estate has multiple complications to sort out, it’s wise to contact The Inheritance Experts. Not only will this make your Last Will and Testament more explicit, but it also helps deal with complicated estates (perhaps you own a summer property in another country).

Store Your Will

You will want to pay either The Inheritance Experts or another official entity to safely and professionally store your will.

Someone Contests a Will: What Happens Next?

Posted on by Jonny

In most circumstances, the Last Will and Testament is the paramount document. When someone contests a will, they lobby a serious challenge to the management of assets in an estate. A will, in summary, is the document that determines how to divide an estate and ensures they carry out testator’s wishes. 

However, there are still instances where someone contests a will. Though these situations are rare, they do occur. As FT Adviser states:

There is no doubt that society has become more aware of the ability to challenge a will. (According) to court statistics, (they’re) more willing to see a challenge through to what is, inevitably, a bitter ending at trial.

Someone Contests a Will, How Do They Do It?

Somone can contest a will for only a few reasons. One of the most prominent reasons to contest a will is because there is evidence of fraud. Perhaps they had dementia during their last codicil*, or perhaps there was a falsification of the signature.

Other reasons why a will can be contested is if a named beneficiary doesn’t receive anything in the will, or if the contester financially relied on the deceased but not explicitly named (for example, a previous spouse who relied on childcare support).

Who Can Contest a Will?

Not everyone can contest a will. The only ones who can are

  • Blood relatives;
  • Spouses;
  • Creditors;
  • Someone who is a beneficiary beforehand but left out later on;
  • A person who relies financially on the testator, or;
  • Someone who receives a promise of a gift either verbally or otherwise that was forgotten in the will.

What Happens When Someone Contests a Will?

It’s crucial to bear in mind that there are time limits to contesting a will.

  • If your name is not in the will, you have within 6 months of the grant of probate to contest.
  • If your name is in the will, you have up to 12 years.
  • Moreover, if the reason to contest a will is due to fraud, there are no time limits.

Build the Case

When contesting a will, there are a few steps to take. The first is to build evidence. This means proving either:

  • Fraud;
  • Promises made by the testator;
  • Debts that the testator owes, or;
  • Proof of financial reliance.

File Your Case with the Probate Registry

Once you have the case, you will need to file it with the probate registry. Such a case filing is through a document known as a caveat. Ideally, you’ll issue this before probate, as it stops the issuance of probate.

Negotiate

Working with The Inheritance Experts gives you access to expert negotiators working on your behalf when contesting the will.

Most solicitors try to resolve the issue out of court so that all parties can leave with an agreeable settlement. This process can take a long time, even up to a year or more.

Settle

In some instances, parties settle the case out of court. Though the person who contests the will likely won’t receive the full sum, this is the best way to settle the matter. Particularly in a way wherein most parties agree and everyone goes home a winner.

FINAL RESORT: Go to Court

If negotiations fail when someone contests a will, the issue can go to court. This is the worst-case scenario and only occurs with the most extreme cases.

Contesting a will is a long process. But it’s important to get a solicitor on board you feel like you

  • face an unfair exclusion from the will;
  • are a creditor, or;
  • believe there was an occurrence of fraud.

Hire professionals to build your case and fight for you so that you have the greatest chance of success.

Footnotes
All UK Written Wills
No Win No Fee*

*A codicil is an official name for updates to the will.

Challenging A Will? 6 Key Questions

Posted on by Jonny

What questions should you ask when challenging a will?

A will is a legally binding document through which an individual decides how they will divide their wealth and property after their death. However, it is possible to challenge wills under specific grounds if:

  • Potential beneficiaries are unhappy with the result of a will, or;
  • Believe that there has not been enough provision made for them.

Any Questions for Challenging a Will?

Contesting a will can be a long and complex process, and below are some of the most frequent questions we answer.

Can You Even Do it in the First Place?

Wills are legally binding documents that people write in order to ensure that their assets are divided as they wish. While this may mean that wills are not easy to challenge, it is certainly possible to do so with the right grounds and under the right circumstances.

Although challenging a will is not a regular occurrence, there have been many successful cases where upset beneficiaries can overturn a relation’s will.

How Can You Challenge a Will?

You can challenge executor of will under specific grounds. These include:

  • First, if you believe that forgery took place in the signing of the will or its contents.
  • Also, if you believe that the testator had a mental capacity before their death that was unfit for understanding the contents of the will.
  • Third, if they were the victim of undue influence from another beneficiary while writing the will.
  • Finally, you believe that the will was invalid. For example, it didn’t meet specific legal regulations.

To challenge a will, seek a solicitor who ensures you have strong enough evidence to succeed. Moreover, they can help to guide you through your options.

Who Can Challenge a Will?

Blood relations of the testator are the main category of people that can challenge a will. However, others also all have valid claims when challenging probate.

  • Spouses;
  • Adoptees;
  • Creditors in lieu of money from the estate
  • Financial dependents of the testator, and;
  • Those who were previously expecting items in the will.

What Does it Cost When Challenging a Will?

The cost of the will highly depend on the length and severity of the case. However, if the case goes to court, you should expect solicitor and court fees of over £100,000.

Not only this, but if you lose the case, you may be liable to pay these. And they don’t automatically come from the contents of the estate.

Will I Need to Go To Court for Challenging a Will?

Many people opt to attempt to resolve their probate contest through mediation before going straight to court. In short, many cases find resolution in this way. Not only is this less stressful, but it can help you to maintain family relations during inheritance fights.

Mediation for probate cases includes holding a discussion between beneficiaries in an attempt to reach a resolution. The case falls under the monitoring of an impartial third party. If the case finds no resolution through this, you may have to go to court to ensure that a judge can preside over your case and balance the evidence.

What are the Time Limits for Challenging a Will?

In some cases, the time limit to contest probate is six months. However, in most cases, there is no time limit. In turn, you can contest probate many years after the assets of the will have been given away.

Am I Entitled To Contest A Will?

Posted on by Jonny

Upset as a beneficiary of a will? Think you have grounds to contest a will? If so, you may be considering who is entitled to contest a will. Contesting probate is an extremely tough process in the first place. As a result, you must ensure that you have sufficient grounds on which to base your claim.

This guide will help anyone who is struggling to accept their part in a will as a beneficiary.

Who is Entitled to Contest a Will?

You can contest a will if you are:

  • The testator’s blood relation;
  • A spouse or divorcè of the testator; an official beneficiary in a previous will, or;
  • Having a significant reason to expect specific terms as part of a promise by the testator before dying.

You can also contest a will if you are a creditor to whom the estate owes money. Also, if you’re financially dependent on the testator and the will didn’t make sufficient funding available to you.

What Grounds Can You Contest a Will on?

There are four main legal grounds on which you can contest a will, in which many different circumstances often fit. You can challenge a will if you believe that all or part of the will is a forgery. For instance, if it has a false signature.

Also, you can challenge if the will is invalid. Perhaps this is because there’s a new will or the official will doesn’t have a proper signature.

You can also contest the will if you believe that the deceased did not have the mental capacity to sign the will or understand its contents, or if you think that the will is a case of undue influence, where another beneficiary has purposefully poisoned the deceased against another recipient in order to claim more.

How Much Does it Cost to Contest a Will?

The cost of contesting a will largely depend on the individual circumstances of the case. For instance, if the case finds resolution after mediation, it’s much less expensive than if the case goes to court.

But if court proceedings are needed to settle the case, the cost for options such as the legal proceedings and solicitors can be anything above £100,000.

Who Pays to Contest a Will?

Many people believe that the estate in question will meet the costs of court proceedings and solicitors. However, this is not always the case. Accordingly, there are a few different options in terms of who will have to pay for the case. Who pays the costs of the contest? Generally, the judges presiding over the court proceedings decide, and they are likely to fall into one of two options.

Option 1: The testator is inherently the cause of the costs of contesting a will. Accordingly, the money will come out of the estate.

Option 2: On the other hand, the court may say that the costs lie with the party responsible for their causation. For instance, those who contest a will in the first place.

Settling a Trust Dispute: What To Do

Posted on by Jonny

Settling a trust dispute can be a complex process, and a distressing time if a disagreement has to be resolved between family members. So we want to ensure that the process is as quick and straightforward as possible. In turn, it’s important to prepare for what to do with a dispute and how you can manage every eventuality.

Consider the Grounds for Settling a Trust Dispute

If you are planning to raise a dispute, you should consider the grounds that you have to base your claim on. Concurrently, the legal grounds to raise a trust dispute include

  • The trust’s signature isn’t in line with legalities or with the correct formalities.
  • When fraud is a factor in the process of creating the trust.
  • Undue influence weighs on the creator of the trust.
  • The trustee lacks the mental capacity to understand the trust or what they were signing.

So you must weigh the grounds on which you want to base the dispute. From there, you can then raise it with a solicitor and take the case forward.

Hiring a Solicitor for Settling a Trust Dispute

Next, you should always make sure that one of your first steps is that you hire trust dispute solicitors. Doing so ensures you know exactly what to do in terms of your individual case. Additionally, you’re less likely to make mistakes along the way that could impact it.

Solicitors can help to guide your case and help you arrange for the procurement of evidence. They can also help you to organise mediation and discuss the best options in terms of your trust dispute, including whether it then needs to go to court.

Arrange Mediation

Most trust disputes reach settlement once mediation takes way. In general, the mediation process has many advantages. In short, it will include two main factors.

  • First, you need to gather the trustees together.
  • Second, you must discuss the case, aiming to work toward a resolution.

However, a third party will sit in on these discussions, who can guide your conversation and aim to bring any disputes to a close.

It will ensure that the case closes before any sort of court proceedings can go ahead. Additionally, it enables you to maintain close relations with your family. Ideally, a resolution will come as smoothly as possible after the case closes.

Court Proceedings

You can go to court in order to remove or change a trustee who is in the dispute. To do this, you will have to present the appropriate evidence to a judge, who will then decide if there is enough evidence to support removing the trustee. This evidence must be written in documents or testimony in order to be valid.

Your solicitor will help you to arrange court proceedings, but the court should approve settlement agreements for the best practice, and they reserve the right to enforce these after the court proceedings.

Although family trust disputes can be complicated, with this guide, you will be able to navigate your trust dispute. It ensures that you will be able to resolve it as quickly and as simply as possible. And, more importantly, that you can sustain good relations between you and your family members.

What Are Contesting A Will Costs?

Posted on by Jonny

Contesting a will costs can put a financial strain on families and the beneficiaries choosing to contest the will. Therefore, it is essential to understand the costs involved in challenging a will before you decide to proceed. It will prepare you for every possible eventuality.

Contesting a Will Costs

When considering the cost of a probate dispute, you must understand that any form of court litigation can be expensive. Challenging probate is no exception. In fact, the costs are often extremely extensive due to the length and nature of the working process. It could be amplified by whether the parties are open to negotiations. Negotiation, by nature, keeps expenses down by avoiding court, seeking the availability of evidence, and the number of beneficiaries the case involves.

Expenses can range from the cost of lawyers and solicitors, court costs, the need for disbursements such as medical records and fees of a handwriting expert and other personnel. Who pays the costs of the court and other legalities is the judge’s decision when the case goes to trial. Furthermore, they will also decide the amount that each party will pay the other. Not to mention how much the successful parties will claim from the testator’s estate.

How Much Are Contesting a Will Costs?

Although it is difficult to predict the exact amount, costs can be incredibly high. In short, the largest even equal the value of the entire estate if the legal battle is particularly lengthy. The costs also increase if the case goes to court rather than in the negotiation phase of proceedings.

If you believe you’ll struggle to pay the expenses, you can apply for legal aid or legal loans. There are also options such as Legal Expenses Insurance. Many solicitors will also have no win, no fee arrangements in place to protect you in the event of an unsuccessful case.

Who Pays to Contest a Will?

In these cases, the losing party may face contesting a will costs. Although the unsuccessful party pays the winning beneficiary’s costs, money from the estate sometimes covers legal expenses. This is the case if the testator is the cause of the court challenge. In these cases, the estate effectively balances the costs of contesting the will.

However, if the will faces investigation, the party that creates them might pay them. If these two exceptions don’t stand, the probate challenger pays the legal costs. Please know that these may exceed the value of the estate.

With more families going to court over inheritance, understand that legal battle costs are extremely extensive and unpredictable. The nature of probate challenges ensures that the cost of bringing a will to court is extremely variable and depends on a number of factors, such as whether the testator is at fault, who is the unsuccessful party and whether your case reached court after negotiations. However, with this guide, you will be able to predict adverse financial situations and assess the risks accordingly.

What Factors Go Into Challenging a Will?

Posted on by Jonny

So what factors for challenging a will can affect your case?

If you’re an upset beneficiary or believe you have grounds to contest a will, you need to know. Because the results can be concerning and difficult to organise if you do not have the correct advice and knowledge behind you.

However, this guide will enable you to understand the basics of challenging a will. Moreover, you’ll know what to do if the unfortunate circumstances arise that force you to do this.

Factors for Challenging a Will

Certain will challenging factors involve specific grounds. The four legal grounds for contesting a will include:

  • Undue influence: The testator was influenced by a beneficiary or on a beneficiaries’ behalf to change the will in their favour. Or they influence the testator to believe ill of another beneficiary. Sudden changes to the will can often prove this.
  • Lack of capacity: The testator lacks the necessary capacity to understand or know the document they were signing. It can be due to illnesses such as dementia, or even as simple as the testator being deaf on signing the will.
  • An invalid will: The will may be invalid if the signature is not valid. Or if there were no witnesses to the signing of the will.
  • Forgery: All or part of the will may have been forged, for instance, the signature. Forgery even includes cases in which the original will has been lost or replaced unnecessarily.

However, you may also be able to challenge a will:

  • If you were a beneficiary in a previous will.
  • Or if you were financially dependent on the testator and provision was not made for you and your family.
  • You can also challenge executor of the will if you believe that they have been mismanaging the estate in the testator’s name.

How to Challenge a Will

You should seek immediate legal advice from a lawyer as to whether your evidence is strong enough to file an official claim, and they can also give you legal advice on the best way to enact this. Then, you should file a complaint to the probate court before the correct time limits, which can be between six months and 12 years depending on your circumstances and the nature of your claim.

Who can Challenge a Will?

Spouses can challenge the will, as well as former spouse or a partner who has been co-inhabiting with the testator for at least two years.

You can also contest a will if you are a:

  • blood relation;
  • someone considered a relation by the testator, such as an adoptee;
  • beneficiary;
  • a beneficiary in a previous will;
  • someone who has reason to believe that the testator promised them a gift before their passing.

You can also challenge the will if you’re a disinherited heir or relation. For instance, as a sibling or child, as you may still have legal claims over their property and possessions in these cases.

Please note that challenging a will can be a distressing time for families. However, there exist many grounds to contest a will if you are a relation or have reason to believe that the will is not valid.

4 Easy Tips For Understanding Trust Disputes

Posted on by Jonny

Below are some helpful trust dispute tips you should understand. Here’s a bonus tip. Within a family or close relations, it’s difficult to resolve trust grievances without professional guidance. In addition, disputes add stress when you don’t have a full understanding on the full extent of the situation. The following guide helps you determine what the trust dispute is about, and the ways to find a sensible solution.

1. Understand the Grounds for Dispute

When it comes to trust dispute tips, remember that a dispute can begin between trustees for many different reasons. Ultimately, caring for the contents until the beneficiaries reach the age or date in which they may receive the contents. Common grounds for a dispute include problems with trust administration. Also, the addition or removal of a trustee, or issues concerning the trust’s contents. However, the most significant grounds for disputes concern a breach of trust. These happen for many reasons. Such as if a beneficiary gifts a trustee’s assets not meant to receive. Or if a trustee invests the assets without authorisation. Alternatively, if a trustee is not acting impartially.

Trust Dispute Tips #1:

Do your homework and learn what the grounds are for a dispute.

2. Know the Time Limits of Disputing a Trust

When a trust dispute occurs, and you wish to make a claim, there are time limits that you must ensure that you make a claim within. This ‘limitation period’ of time is usually six years from the conduct of a breach of trust. A time limit receives an extension in the case of fraud. After this, your claims will not be valid.

Trust Dispute Tips #2:

You have a six year time limit to make a claim within. But don’t put it off.

3. Understand the Actions that Can be Taken

When you are in the middle of trust disputes, start by seeking legal advice to:

  • Establish your case, and;
  • Discuss your options.

Your trust dispute solicitors may suggest setting the trust aside, which can occur if the trust is found to be invalid. In summary, this can happen for a number of reasons.

  • If the trust is in place of a will.
  • When there has been a breach of trust by trustees or other protectors.
  • Wherein the trust has no legally appointed trustees.
  • Finally, if the trust intends to defraud creditors.

You may then be able to apply to the court to sort out the disputed trusts and, in court, they can help you to remove or replace trustees.

Trust Dispute Tips #3:

You have a six year time limit to make a claim within. But don’t put it off.

4. Try Mediation First

However, applications to court can be long and arduous, not to mention extremely costly. So it’s vital that you attempt to solve the dispute through other options before settling on a court application. With the number of trust disputes at a 43% high, one of the best methods to solve trust disputes is to attempt trust dispute mediation. All parties in the dispute can discuss their options with a professional mediator (without bias).

That mediator can prompt you to consider your options and guide you to a solution. Therefore, when in the middle of family trust disputes, you should ensure that you have detailed knowledge of the best ways to solve the case outside of court, as this will ensure that you are able to maintain good relations with your family and solve problems as quickly as possible.

Trust Dispute Tips #4:

Above all else, consider resolving it out of court through mediation.

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