Wednesday, January 31, 2018

How a Will Is Legal and Why One Can Be Contested

Consideration has been given for the editing and publishing of this post
Making a will is not that difficult and you can even buy a will preparation pack from several UK retailers or online if you want to. The problems come later when someone may believe that to contest a will is the best approach to getting their share of the inherence. If the will was not drawn up in a legal manner, then relatives will surely look up on the internet how to contest a will to see if there are grounds to do so.

Do It Yourself Will

Whether the will is for yourself, so your siblings will inherit something from you later or it’s to help out your aging parents, everyone likes to save costs. Buying a pre-made will where you fill in the important parts might only cost £50. This could be considered a bargain.
The trouble only occurs after you’ve died, or your parents have both passed away and your siblings or other parties decide that contesting a will is the direct line to get free money. In which case, they might use some experts like The Inheritance Experts who specialise in looking at wills to see if they are legal or can be contested in one way or another. You can find out more information about this option by visiting

Getting a Will Through a Solicitor

Getting a will via a solicitor is the safest bet. They usually have someone who works on estate matters or they use a legal executive who works in this area. Either way, the service is likely to be excellent. If you have any doubts, you can also get the will inspected by a second firm of solicitors to make sure that it’s legal. They’ll be able to confirm if the clauses are valid, but unless the signing of the will was recorded on video, they won’t be able to vouch for which witnesses were there when it was signed and that the person signed without being coerced to do so. Having a date-stamped digital video recording of the signing and those present who state their full names and what day it is, could be useful later.

Single Will or Joint Will?

A single will is just for one person which could be yourself or one of your parents. A joint will covers a couple and what happens to their assets when they pass away. In many cases, a joint will states that the other half of the couple receives all the proceeds, but then also states what happens in the event both people pass away. Due to additional complexity of a joint will, they cost more.
A single will is often around £100 to £200 through a reputable solicitor. A joint will covers two people and might be £150 or over £300. The number of assets and the complexity of the document also has an impact on the cost because when it takes longer to draw up the will, it usually is sold at a higher price. If you or your parents have a trust or own assets like a home in a foreign country, the document will get infinitely more complicated and the above cost indications will be too low. Any planning for the tax implications, especially with international transactions, will be costly. Value added tax will need to be added for most bills from a UK-based solicitor.

Only Certain People Can Contest a Will

As laid out by The Inheritance Act, only certain types of people are permitted to dispute a will and officially contest it. This prevents the more frivolous claims that would otherwise hold up probate. Blood relatives, and a spouse, whether still together in their same domicile or estranged, both count.
Someone who was a beneficiary in a previous version of the will, but who no longer is, can question the validity. A person or business owed money by the deceased can make a claim on the assets before probate is concluded. Any agreement, in writing or verbally, as either a bequest or a promise over a certain possession, can be used to contest it. Also, ongoing financial support or the provision of accommodation comes into play with a will where that person was not provided for.

Contesting a Will: Invalid Execution

A will is not executed correctly due to several possible reasons. The most obvious one is that it was drawn up but never signed. The second reason is that it was signed but not witnessed or there were not enough witnesses present when the person who’s will it was, the testator, signed it. Another reason is when the witnesses signed the will later after the testator signed it. A will must be signed and witnessed by two people in the same room at almost the same time to be considered legal and valid.
When the will uses improper language or confusing terminology that doesn’t make it clear what should go to whom, then this can cause problems. The situation rarely happens with a will drawn up by a solicitor, but is more likely to happen with a self-made will. In the case of a self-made will, it’s more likely that the witnessing would be brought into question too.

Contesting a Will: Undue Influence

In a situation of undue influence, pressure was applied one way or another to encourage the person making the will to include clauses in favour of someone who wasn’t a fixture in their life. A carer or indeed a young wife to a much older man could both play enough of a role to influence them to change their will in their favour; relatives are likely to contest any will under such circumstances, especially if they knew the previous will was in their favour and they may have grounds on this basis.

Contesting a Will: Testamentary Capacity

An incapacity is a valid cause to contest when it’s clear that the testator was not able to understand what they were agreeing to. That could be a lack of the true meaning behind a legal clause or simply who they were agreeing to give money to. Someone with a mental health disorder like Dementia can sign a will that they don’t really understand, and this would be a cause to contest it.

Contesting a Will: Fraudulent

There are situations where a false will is presented as a real one, complete with the required signatures and witness signatures too. Sometimes there is more than one will and a solicitor and often the courts have to decide which will is valid and why. When a lot of money is at stake, some people will be extremely inventive in their methods to obtain it.
For someone wanting to make a will or determine whether the will that’s been made is a legal one, they can use this article as an aid with that. Taking short cuts to save money when getting a will done is likely to be a poor decision and complicate matters for siblings later.

There are specialised services available that look closely at the validity of wills when an aggrieved party is involved and believes they haven’t received something that they should have been bequeathed. At a difficult time getting over the loss of a loved one, the last thing people need is a battle over the estate. When wills are prepared properly and in accordance with the law, it reduces the instances where people feel they should have received something that they did not.

No comments: