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Things to consider when writing a will

January 19 2018

Although writing a will and/or testament can seem daunting, it’s a matter that should be taken into consideration at a specific point. There will come a time in life where the desire to write one will become more prevalent. One of the main reasons to consider writing a will if you have potential beneficiaries is because without one, your finances, property and possessions (your estate) would be given back to the state/crown.

When you decide the time is right, there are a few things to consider when writing the will to safeguard your estate appropriately.

Content of the will

Your will or testament doesn’t need to contain complicated legal language, as long as it outlines:

- the beneficiaries of your will

- the new parent or guardian(s) of any children under the age of 18 that you are responsible for - this is the person who  will ensure your estate is distributed as you wish after your death

- The outcome if any of your beneficiaries pass away before you do

- Any other complications that could occur prior to or after your death that could complicate the distribution of the assets.

Validity

To make sure your will is legally valid and can be executed within the law, there are guides that need to be followed. You must:

·         be aged 18 or older

·         voluntarily make it without influence

·         be sound of mind. Have no influences that could alter the rationality of your decisions

·         make it in writing

·         sign it in the presence of 2 independent witnesses who are both over 18 and not beneficiaries of your will

·         have it signed by the same 2 witnesses, in your presence


Any changes made to your will must follow the same process of signing and witnessing.

In some cases, you may need legal advice to implement your will. A list of potential factors influencing this are:

·         A dependent who is unable to care for themselves is one of your beneficiaries

·         you have several family members who may make a claim on your will, e.g. a second spouse or children from another            marriage

·         ownership of your property is shared with someone who isn’t your husband, wife, civil partner, or someone who is                legally wed to you

·         your permanent home is outside the UK

·         you own a business, or overseas property


These are brief guidelines with regards to will writing, however there can be intricacies or difficulties that make the process more complicated. Should this be the case, Graeme Stowe Bateson Solicitors cover a variety of private client areas in cities around Yorkshire including Leeds, Harrogate, Middleton and Bramley. Our expertise lies in representation with regards to Wills and Probate, Divorce, Conveyancing, and Family law. If you are looking for a solicitor in the Yorkshire area, please get in touch today by calling 0113 246 8163.


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