This is MY Last Will and Testament

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The preparation, execution and witnessing of a Will is a practice steeped in tradition and etiquette.  Although the legislation governing the formal procedure for the creation of a Will has remained largely unaltered for nearly 200 years, the importance of such a document in today’s changing world remains highly important.

With more people choosing to co-habit, marrying for a second or third time or choosing to keep separate finances than was the case historically, more clients are requesting advice on how to make provision for partners or spouses and yet ensure that monies ultimately pass to their children.  A well drafted Will can be the start of good estate planning.

Peterborough Crown Court have recently been hearing the matter of Karen Phillips who was charged with forging her partners Will shortly after his sudden death in order to benefit from his substantial estate.

The deceased’s family alerted the police when they realised the content of the Will had left only a limited amount to the deceased’s children.

Had Mr Philips passed away without having made a Will, the main beneficiaries under the intestacy (dying without having made a Will) would have been his children, Mr Philips not being married at the date of his death, and his partner would have been entitled to nothing.  The forged document allowed the partner to be a major beneficiary and limit the entitlement of the children.

Most Solicitors offer a fixed fee Will writing service.  A standard Will will be the starting point and the cost may increase if the Will is to be more complex.

Many clients shop around trying to find the cheapest deal and many are drawn into the idea of a homemade Will with packages offered from the likes of WHSmith and the Post Office.  However, few homemade Wills are proved valid and successfully make it to probate.

The effect of a correctly drafted Will can be extensive and far ranging and therefore, it is imperative that the Will is correctly drafted and executed and that the testator (the person making the Will) has been given full advice as to the effect of the Will, both positive and negative.

The latest concept in Will drafting is all about the service being offered on-line.  There is a balancing act between offering an up to date service and ensuring the validity of the document being created.  With no face to face client contact, instances of forgery may become more prevalent.

At Forbes Solicitors we strive to provide the traditional, friendly service our clients have grown to expect coupled with up to date relevant legal knowledge to provide the best service to suit your needs.

For further information or an initial consultation please call Kirsten Bradley, a Wills, Probate, Tax and Trusts Solicitor at Forbes Solicitors on freephone 0800 975 2463 or contact our Solicitors online today.

This entry was posted in Wills, Tax, Trusts and Probate.

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