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Probate And Wills Solicitors
It is important to make a Will to ensure that your wishes are carried out after your death. If you die without a Will (intestate), legal rules will determine how your assets will be distributed.
A properly drafted Will can:
It is not our job to tell you how you should address what is, after all, a highly personal decision. However, we would say that addressing issues such as:
1. Ensure your assets are distributed in accordance with your wishes; you can give you can give your property, money and specific items to whoever you wish.
2. Allow you to choose your executor/s who will deal with the winding up of your estate in the way you have requested. If you die without a Will your assets will be distributed under the laws of intestacy and the person who administers your estate is one or more of the persons entitled to benefit.
3. Help prevent your Will being contested and limit family disputes. Under the Inheritance (Provision for Family and Dependants) Act 1975 a person (who you did not wish to benefit) may make a claim against your estate, if no reasonable financial provision was provided to support their continued well-being. Such persons include:
- spouse or former spouse
- civil partner
- other dependants maintained by the deceased.
Under the Act a claim must be made within six months of the issue of the grant by the Probate Registry, unless a successful application is made to the court for this time limit to be extended. Our Wills & Probate specialist can help significantly reduce the risk of this happening, please contact our Barnet wills solicitors at 0808 231 6795.
4. Protect your children. If you have responsibility for a child aged under 18 you should consider who will look after your child after your death. This involves appointing at least one guardian. A guardian is responsible for your childs day-to-day care, their upbringing, schooling and health so it is important you choose someone you think is best suited.
If you have not appointed a guardian the court will be responsible for your child until it has found a guardian and will act in the childs best interest; however the person they appoint may not be your preferred choice. Also, until a suitable guardian is found your child may be placed in care.
5. Reduce Tax Liability. Why should you pay more tax than you need to? With specialist advice on estate planning and drafting a will you may be able to reduce the amount of inheritance tax your estate will pay.
At Hadley Law Associates LLP our Wills & Probate specialist solicitors can draft your Will in accordance with your wishes. Drafting a Will may not be as costly and time consuming as you may think.
Lastly you can ensure you have control over your health care by making a living will (also called an advance directive). A living will is a legal document that expresses a persons wish about their healthcare, for example whether they want life prolonging treatments such as life support or resuscitation. It is appropriate for someone that may not be able to express their wishes at a future date. This may include someone that has a degenerative disease or the elderly.
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