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Wills and probate

Thinking about what will happen after you or a loved one dies can be a difficult thought, and one we might like to put off for as long as possible. The reality is, though, that the more organised and clear we are in our last wishes earlier on in life, the less distressing it will be if illness or accidents do suddenly strike.

 

Plan ahead now to avoid disputes later

At Masons Law, we can help you prepare a legally valid Will so that your wishes will be respected and assets protected should anything happen to you.

There are a number of things you might consider including in your Will, such as any preferences for your funeral or burial arrangements; who or what organisations you would like to inherit your estate and assets; if you would like a Will Trust to come into effect after your death (perhaps if you’re leaving property or assets to a child who has not yet come of age); who you would like to inherit specific belongings that might not have a lot of monetary value, but carry a lot of sentimental and priceless value.

By writing a Will early, you’ll be ensuring any loved ones you wanted to make provisions for will not miss out. Without a valid Will in place, the strict Rules of Intestacy will apply and determine how your estate should be divided. These rules apply regardless of your relationship with the family members who would be entitled to inherit, which could see loved ones miss out.

If you are not married or in a civil partnership, then your partner isn’t legally entitled to anything if you die without a Will. This could affect your shared property, depending on the type of ownership. The remaining partner may be forced to sell the property or to reapply for the mortgage in their sole name. If you have children together and die without a Will, then your children will inherit everything if above the age of 18, otherwise this will be held in a trust until they reach adulthood. This means your partner won’t have direct access to any of the money, which can raise issues if they are financially dependent on you. A Will offers protection to ensure that your partner and family will be supported after you die.

Protecting your wishes after you’re gone

In the event of death, the executor of a Will has a number of legal obligations to ensure the wishes expressed in a Will are carried out and that the estate is distributed correctly. There can be personal financial penalties for failing to meet these obligations and so it’s important that any person undertaking this role knows what is expected of them by the law.

QualitySolicitors can help executors to understand their duties and carry these out effectively. Going through the probate process can be a burdensome process, particularly at a time when loved ones need to grieve. We can offer as much support as needed, including taking on administrative tasks, to help make this process easier to manage and cope with.

Specialist legal advice on Wills and probate

If you’d like legal advice on making a Will, or you’ve been named as an executor of a Will and you’re not sure on what to do after a loved one has passed away, contact us to see how we can help on 0208 5324884.

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Have a question or need some help? Call us today on 0208 5324884

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