MAKING WILLS – EXECUTORS DUTY
Will making is important, yet grossly underestimated work that almost every citizen of the United Kingdom will need to have carried out if they want their property to be distributed according to their wishes after their death. Leaving it to chance is not a sensible option and in many cases the State can intervene where there is no will or indeed where there is an improperly drafted will and can claim such assets as are available.
Will making can be carried out personally on a DIY basis or can be dealt with by a will making service or by a qualified solicitor. The problem with the first two options is that it can be just a little hit and miss. The documents may or may not be adequate but is that really how you want to deal with disposal of your assets after your death. It is a well known fact that solicitors have a steady and unremitting source of income from sorting out wills that are inadequate and the State has a regular income from undistributed assets.
Whilst there is no need to use a solicitor for will making there are unfortunately numerous technical pitfalls for the unwary or unqualified that can lead to the deceased’s wishes being totally ignored :-
- final signing and execution must be carried out exactly as prescribed by law – failure to do so invalidates the document
- all assets should be distributed failing which the State may make a claim
- eventualities such as birth, marriages, deaths, divorce and civil partnerships should be taken into account
- improper execution of an amendment can invalidate certain bequests or in a worst case scenario the whole document can be voided
- dependents omitted from distribution of assets may have a claim that takes precedence to other beneficiaries
- a potential beneficiary who unfairly assists in preparation or witnesses the will can be cut out at final distribution.
One of the most important parts of will making is to determine who is to be in control of distributing your assets in accordance your requirements after your death. The person upon whom this duty falls is known as an ‘executor’ and is named in the will as such. That person must collect all of the assets and either liquidate them for disposal as cash to the beneficiaries or transfer them as assets named as specific bequests after payment of the deceased’s outstanding bills. An executor is usually a spouse, a trusted personal friend, a solicitor or a bank or a combination of any or all of them. It should be noted however that if an unqualified person is named as executor it is rare for them to carry out the work unassisted and they will usually seek the services of a solicitor to deal with matters on their behalf.
If a testator wishes to change the executor to some other person or organisation or indeed wishes to change content it is not necessary to destroy or revoke the original document. Will making by a professional is generally chargeable and a much cheaper alternative to starting afresh is by the execution of a codicil which is in effect an addendum which serves as an amendment to the original will.
When our solicitors are making a will they use modern will precedents that have been written in plain English. You will not be bamboozled by legal jargon either on the telephone or in the documents supplied by us. Our charges are very reasonable and depend on the amount of work necessary to carry out your instructions. We are able to provide you with a quotation over the telephone and offer discounts for family wills or mirror wills for spouses.
HELPLINE 0870 185 1842
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