Category: Will Writing
- Written by: Jason
- Category: Will Writing
- Published: 26th September 2014
Making a Will brings you peace of mind that should you die your estate goes to your loved ones, making a Will not only ensures the right people benefit from your hard earned assets it also ensures that you do not die intestate.
If you have not made a Will and die intestate your loved ones could be subjected to long lengthy delays when trying to administer your estate, all at a time when they could no doubt do without the added emotional stress.
Without a Will, your partner may not automatically inherit ALL of your estate “Common Law” partners may not receive anything at all.
- Written by: Jason
- Category: Will Writing
- Published: 17th September 2014
On Thursday 18th of September, 2014 Scottish voters will go to the polls to cast their YES or NO vote on whether Scotland should sever its ties with the UK and become an independent country.
The result is expected to be announced sometime early on the following morning on Friday 19th September 2014.
Below are some frequently asked questions about the potential impacts a YES vote may have on the legal system in relation to Estate planning for assets held in England or Scotland.
- Written by: Jason
- Category: Will Writing
- Published: 11th July 2014
What will happen to your pets when you die?
Worrying about what would happen to family pets if you were to die before them is a common concern. UK law regards a deceased persons Pets for example Dogs and Cats as Personal Chattels.
The Administration of Estates Act 1925 defines the term “personal chattels” to mean carriages, horses, stable furniture and effects, motor cars and accessories, garden effects, domestic animals, plate, plated articles, linen, china, glass, books, pictures, prints, furniture, jewellery, articles of household or personal use or ornament, musical and scientific instruments and apparatus, wines, liquors.
- Written by: Jason
- Category: Probate, Will Writing
- Published: 19th May 2014
If you are considering making a Home Made DIY Will you need to be aware that a Will is not considered to be valid if it does not fulfil the requirements of the Will’s Act 1837
A Will must be considered valid in order to obtain a Grant of Probate.
When making a Will it is important to ensure it has been drafted correctly to avoid any future potential Will disputes, which can often arise if a Will has been incorrectly made and the validity of a Will, therefore comes into question.
- Written by: Jason
- Category: Will Writing
- Published: 6th May 2014
Commonly a Memorandum of Wishes is a document that is used in conjunction with a Trust.
However, it can also be used as a letter of wishes with a Standard Will to direct your Executors on how you would like your low-value personal chattels distributed.
Memorandum of Wishes with a Standard Will
When used with a standard Will a Memorandum of Wishes is a Document stating your personal wishes for any small low-value informal gifts you wish to make such as personal chattels.
- Written by: Jason
- Category: Will Writing
- Published: 16th April 2014
With Easter just around the corner, many of us are about to focus on some of the DIY projects that we have had in the back of our minds or left on our To Do List for some time.
One of the DIY projects people often want to find out more about is DIY Will-Writing and Estate Planning. So let’s look at some of the common questions asked.
Common Questions About DIY Estate Planning
Can I Write My Own Will?
- Written by: Jason
- Category: Probate, Will Writing
- Published: 8th April 2014
A person who makes a Will is known as the Testator. As part of the process of making a Will, they would have chosen one or more Executors to act as Personal Representatives for their estate In the event of their death.
Executors are required to carry out certain duties in order to legally fulfil their obligations.
Depending on the size of the estate and any individual Wishes and circumstances there will be a number of duties that an Executor is required to carry out.
- Written by: Jason
- Category: Will Writing
- Published: 1st April 2014
The term Living Will is often used to refer to an Advance Decision also known as Advanced Medical Directive.
In the right circumstances, these can sometimes be used as an alternative to a Health & Welfare Lasting Power of Attorney.
It is advisable to seek professional advice from your Estate Planning Consultant or Solicitor when deciding on the best way to prepare for the possibility of losing the mental capacity and making advanced decisions about your medical treatment in the future.
- Written by: Jason
- Category: Will Writing
- Published: 25th March 2014
The law regarding Wills in Scotland and England does differ regarding certain areas that I will outline in today’s blog post.
A lot of people believe that if they have property and assets in both Scotland and England that they will need two Wills. However, this should not be necessary providing you get straight from outset were you consider yourself to be officially domiciled.
Scottish Law applies to the estates of people who die and are domiciled in Scotland, for example having your main residence/family home in Scotland.