Contentious Probate and Disputing a Will
The death of a Spouse, Partner, parent, friend or other loved one is always an emotional time and can sometimes be very stressful. Especially if their Will is challenged or if there is a dispute relating to their Estate.
Reasons why a Will may be Contested
Nowadays more and more people are changing their home ownership from Joint Tenants to Tenants in Common. In order to take advantage of Estate Planning Strategies that can help to protect their children’s inheritance in the future.
One of the questions I am asked the most is “How to tell if a home/house is owned as Tenants in Common”.
To do this first check any historical documents you may have from the most recent time your property was conveyed. This could be from when you originally purchased the property or when you last mortgaged the property.
Due to the potential pitfalls of doing it your self (DIY) Will Writing and Estate Planning, we would always recommend you seek the help and advice of a professional Estate Planner or Solicitor.
However, if you are confident that you know what you want to achieve and feel you have the ability to carry out the process of protecting your estate for your loved ones by yourself, then you may find the following list of organisations that are often involved in the Estate Planning Process helpful.
An Executor is a person that you appoint in your Last Will and Testament to carry out your Will wishes. Distributing your estate accordingly when you pass away.
Executors can also be beneficiaries of a Will and people often choose to appoint their spouse, civil partner or children as Executors. Because this can make life simpler when dealing with the winding up of your estate.
Registered and Unregistered Property
HM Land Registry originally came to be in 1862 but it wasn’t until the Land Registration Act came into force in 1997 that it became compulsory to register property in the UK. From this point on each time a property is purchased a Solicitor or Conveyancer is required to file documents with the Land Registry so the property ownership can be entered into a public register.
Wills & Trusts Commonly Used Terms
ADMINISTRATOR – Someone who is appointed by law to deal with the affairs of a person who has died. An administrator could be appointed because the person who died did not have a Will. Or they had a Will but did not appoint an Executor or the person appointed as Executor does not wish to act.
When two people purchase Property or Land in England & Wales, there are two ways in which it can be owned and registered with HM Land Registry these are as either Beneficial Joint tenants or Tenants In Common.
If you are buying a home Your Solicitor or Conveyancer will ask you on which basis you would like your Property / Land to be registered at the beginning of the conveyance process. It is important to consider your options and understand the differences carefully at the
Reserved Legal Activities
The Legal Services Act 2007 states that certain legal services activities can only be carried out by providers that are regulated by approved legal service regulators that are monitored by the Legal Services Board.
These activities are known as reserved instrument activities. Currently, there are six legal services activities that are reserved by the act, they are:
There may be a time when for whatever reason that you decide you wish to exclude someone from your Will.
In order to achieve this, a Deliberate Exclusion clause can be included in your Will as part of your requests and wishes.
By adding a Deliberate Exclusion to your Will. You can make it very clear that you did not wish a specific person or persons to benefit from the proceeds of your estate when you are gone.