18 THE GOOD LIFE SEPTEMBER 2014 Private client
Ensuring your loved ones are taken care of has never been easier
T
he ramifications of dying without a will could be devastating to loved ones. Whether you’re single, separated or
divorced, make sure your legal documents are up-to-date.
Single: If you pass away without having made a will, your assets may be distributed according to the law rather than your direct wishes. Prepare a will, appoint an executor and detail instructions on the management of your estate and your funeral
Married: Make sure that you appoint guardians for your children in your will, in the event both parents die. If you fail to do this, your children’s future will be decided by the courts. It’s best if both parents can agree and appoint the same guardian to prevent unncessary arguments.
Separating: Your spouse/civil partner is probably the main beneficiary of your current will, or if you don’t have a will, they stand to inherit at least part of your estate under the intestacy rules, even if you’re no longer together. If you’re separated from your spouse, make sure you update your will to benefit your children, in case you die while you are still legally married.
a divorce, particularly as your financial circumstances will have changed.
All of the above: In addition to a will, you may also wish to appoint a power of attorney who’ll make decisions on your behalf, should there come a time when you lack the mental capacity to do so yourself. Make sure it is someone you trust and who knows your wishes.
The Good life recommends:
• Blue Cross: Sick, injured and homeless pets have relied on us since 1897. Tousands of abandoned or unwanted, ill or injured pets turn to us for help every year. Our doors are always open to them, and with your support, they always will be. Each year, thousands of cats, dogs, small pets and horses turn to our animal hospitals, clinics and rehoming
services for treatment and
to find them the happy homes they deserve.
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Divorcing: Divorce does not automatically revoke a will but mention of your former spouse may be ‘erased’. As with any major life changes you should review your will following
• Moon Beever: Te private client department at Moon Beever has a wealth of knowledge and expertise in relation to wills, administration of estates, including obtaining grants of representation, trusts and trust administration, inheritance tax planning,
Where there’s a will there could be a dispute
are both present at the same time, and who must also then sign the will. A will might also be invalid if the testator
didn’t have the required mental capacity to make the will in the first place, didn’t have knowledge of the contents of the will, or was pressurised into making the will by somebody else.
Who can dispute a will? Normally
a person who wants to prove
that a will is invalid would be somebody who stands to benefit from the deceased’s estate if they succeed in their claim. Tis person might, for instance, benefit under a previous will or they may stand to benefit under the rules that apply when somebody dies without a will. In some cases
the deceased might have C
ontesting a will or bringing a claim over a trust or an estate can be distressing and complex. Te disputes team at law
firm Cripps are specialists in this complicated field and have dealt with just about every conceivable difficulty that might arise. Tey’re ready to help you, whether bringing or defending a claim.
Cripps’ partner Russell Simpson answers some of the more common questions:
In what circumstances can a will be disputed? A will can be disputed on the grounds that it’s invalid, or because the person disputing it has not been leſt any or sufficient provision under the terms of the will.
What might cause a will to be invalid? A will could be invalid because it’s not been signed in the presence of two witnesses, who
made promises to somebody else prior to their death that they’d be leſt something in the deceased’s will, which doesn’t happen, or where the deceased changed their will due to statements made by somebody that turn out to be untrue.
About Cripps Cripps is a law firm serving clients nationally and internationally from offices in Kent and London. Recognised countrywide for its commercial and private client work, the firm focuses on wealthier families, entrepreneurial businesses and the real estate sector.
Find out more at
www.cripps.co.uk Join us on Twitter: @crippslaw
If you have any concerns and would like an informal chat, call Russell Simpson Partner and Head of Specialist Disputes T: 0845 475 0139 (local rate) E:
russell.simpson@
cripps.co.uk
What should I do if I think I can make a claim? Act promptly. It’s advisable to seek legal advice because this is a complex area of the law. Also, action might have to be taken swiſtly to delay the administration of the deceased’s estate while the claim is being investigated. All team members at Cripps belong to the Association of Contentious Trust and Probate Specialists, the only body that recognises experts in this field.
powers of attorney and court of protection applications.
www.moonbeever.com
• Christian Legacy: Christian Legacy is a unique partnership that brings together a group of leading charities that want to make the world a better place for our future generations. Making a will is one of the most important decisions you will ever make, with 80% of Christians having already made a will and over half leaving or considering a giſt to charity (Christian Research 2013). Tis October, Christian Legacy week offers you the chance to think about the difference you want to make and help you make that decision. Visit www.
christianlegacy.org.uk for further information on how you can make a lasting difference.
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