Category: Will Writing
- Written by: Jason
- Category: Will Writing
- Published: 11th March 2014
Family solicitors tend to deal with a wide range of client matters, for example, house conveyancing, divorce matters, civil injunctions etc. Whilst they can also produce Wills and Trusts they cannot be expected to specialise in all these areas.
- Written by: Jason
- Category: Will Writing
- Published: 25th February 2014
The Executors that you appoint in your Will are legally responsible for the administrative work of rounding up the assets of your estate before distributing them to your beneficiaries.
In the majority of Wills, these Executors also act as Trustees for funds that have to be managed for any length of time.
For example, funds due to minor children aged under the age of 18 years.
- Written by: Jason
- Category: Will Writing
- Published: 19th February 2014
When written into a Will the trust clause “Property Lifetime Interest” grants a Lifetime interest in part of an estate. Most frequently this a property in the form of the main residence/family home.
When considering using such a clause. It is important to first consider the tenancy basis on which the family home is registered with the land registry. Often family homes are purchased and registered on a Joint Tenants basis, if this is the case using a Property Lifetime Interest clause to give away part of the family home will not work.
- Written by: Jason
- Category: Will Writing
- Published: 12th February 2014
When a person loses the mental capacity to make decisions for themselves the court of protection can appoint a deputy to act and make decisions on behalf of that person.
The Mental Capacity Act 2005 clearly states who can take decisions and in which situations and clearly states how they should go about this.
- Written by: Jason
- Category: Lasting Power Of Attorney, Will Writing
- Published: 12th February 2014
A deputy is appointed by the Court of Protection to make decisions for someone who is unable to do so on their own.
They are responsible for making these decisions until either the person they’re looking after dies or is able to make decisions on their own again.
The Mental Capacity Act 2005 (MCA) is used to work out if someone can make their own decisions and how they can be helped. The Act makes it clear who can take decisions and in which situations and clearly states how they should go about this.
- Written by: Jason
- Category: Will Writing
- Published: 4th February 2014
When you hear people speak the term “joint will” they are often really referring to a Mirror Will For Married Couples or Civil Partners.
This term is often confused with that of a Mutual Will which is a legally binding contractual agreement made by the testators not to alter their respective wills in any way at any time including after the death of the first testator.
- Written by: Jason
- Category: Will Writing
- Published: 31st January 2014
A Codicil is an addition or supplement that explains, modifies, or revokes a Last Will and testament or part of one.
A Will should be reviewed whenever there is a major change of circumstances within a family. For example moving home, inheriting from someone’s estate, a birth or death in the family or a marriage or divorce.
In certain cases, Codicils can be used to amend Wills without writing a whole new Will. For example, changing the appointments of executors and guardians.
- Written by: Jason
- Category: Will Writing
- Published: 21st January 2014
A Will becomes legally valid and binding as soon as it is signed by the testator (the person making the Will) and observed by two independent witnesses together who will sign to confirm this fact.
It is important that you SIGN AND DATE your Will in front of two witnesses.
Who Should I Ask To Witness My Will Signing
- Written by: Jason
- Category: Care Home Fee Planning, Document Storage, Funeral Planning, Inheritance Tax Planning, Lasting Power Of Attorney, Probate, Tenancy Status / Land Registry, Will Writing
- Published: 17th December 2013
Confused About Will Writing and Estate Planning Terminology?
In order to help you through the maze of Will Writing and Estate Planning technical Terms. Mind At Rest Wills have put together an A to Z glossary of the most common legal terms used in writing your Wills and Trusts, we hope you find it useful.