How do I Create a DIY Will? A person is at liberty to draft their own Will if they so wish, and therefore pay only for the ink and the paper required to create it, or the cost of a “DIY” Will kit from a High Street stationery shop. Any such “DIY Will” should be perfectly …
Local Devon Probate Guidance Equals a Larger Inheritance as a Result
What is Probate? Most people have heard the term “Probate”, however far fewer are aware of what it means. The following is some Probate Guidance from TRF Wills. Just because we have a Will, that does not automatically mean that after our death the people dealing with our affairs can immediately begin sharing out our …
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Wills and Vulnerable Beneficiaries
Will beneficiaries can be vulnerable for many reasons, including but not limited to learning difficulties, illness, and addiction. How do we provide for a vulnerable, possibly dependent adult Beneficiary in our Will? The beneficiary’s vulnerability is not as important as their care needs, and the solution is known as a Vulnerable Person Trust. Vulnerable Person …
What happens when a Beneficiary cannot be found?
What happens when a beneficiary cannot be found? Well, executors of a Will (its Administrators/Representatives) need to make every effort to find a missing Beneficiary or one that is difficult to locate. This may extend to measures including the Executor(s) making enquiries with the deceased’s friends and other relatives to obtain a Beneficiary’s whereabouts, taking …
Reasonable Provision for Estranged Family Members
When a disgruntled family member (the applicant) attempts to contest a lack of, or insufficient, provision for them from a deceased person’s estate, then the courts apply a two-stage test, so what is reasonable provision for estranged family members. Firstly, the court considers whether the Will or Intestacy (if there is no Will) of the …
Disabled Persons Trust
The term “Disabled Persons Trust” is one that was created within the legal system. It is a term in no way endorsed by TRF Wills and we refer to it reservedly and solely because it is currently widely used and recognized within the Wills and Trusts industry. When someone wishes to provide in their Will …
What is Inheritance Tax?
What is Inheritance tax (IHT). In simple terms, Inheritance Tax is payable upon death or at certain stages during a lifetime. For the purposes of this post, we will look at the IHT charge payable upon death which relates to the deceased’s estate. Upon death, the Executors calculate the value of the estate, which includes …
What Happens if a Will cannot be found after a Death?
Upon occasion, people die and although their surviving family members are certain that there is an existing Will somewhere, they simply cannot find it, so what happens if a will cannot be found after a death? This could be because the official document is being held by the legal firm which created it, so it …
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Excluding an Estranged Family Member from Inheriting
Whilst it is unfortunate, sometimes there are family members (estranged spouses, children, stepchildren, etc.) that have behaved in such a way as to motivate someone (a Testator) to arrange or change their Will so as NOT to provide for such a person or people and excluding an Estranged Family Member. Although in many European countries, …
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Do-it-Yourself (DIY) Wills
You could choose to create your own Do-it-Yourself (DIY) Will rather than consult a specialist. This would almost certainly be a “cheap” course of action. Likewise, you could undertake your own dentistry, defend yourself in court against a wrongful accusation of a serious crime or unilaterally educate your children up to degree level. These would …
The Importance of Secure Will Document Storage
Wills are unique documents because you can really only have one legally valid version at any one time, other than additional foreign Wills, and so it is vital we have secure will document storage. We can have legally valid certified copies of many types of documents which can be provided as evidence of a document’s …
How does Someone Contest a Will?
Disputes regarding Wills are becoming increasingly common due to the value of the estates involved, so how do you contest a will? Well, continued increases in property prices have also contributed to this problem, in this post we give some ideas as to how someone could contest a will. There are various reasons for someone …
TRF Wills (TRF) was created by Michael Cotterill in 2005. He is a member of the Society of Will Writers and registered with the Information Commissioner’s Office.