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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Lasting Power of Attorney (LPA) – Act Before it is Too Late
If a person fails to arrange Lasting Power of Attorney (LPA) before they lose their mental capacity, they are then ensuring that a close family member, friend and/or business partner of theirs has no choice but to apply to a court for retrospective limited permission to make decisions upon their behalf. This is expensive and …
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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 …
TRF Wills and the Society of Will Writers
All consultants representing TRF Wills are members of the Society of Will Writers (SWW). The Society of Will Writers was founded in 1994 and has been protecting and serving the interests of the public for over 28 years. With close to 1,800 members, the Society of Will Writers and its members continually strive to promote …
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 …
From when does a Will Speak?
The construction of a Will can alter the date from which it “speaks”. This is an important factor in interpreting the Will, as a small change in its wording can change the way gifts apply. Therefore, it is important to understand how the ordinary rules affect the date from when does a Will Speak. The …
General Power of Attorney
So how does a General Power of Attorney help? Well in the wake of the Coronavirus pandemic, many people are understandably motivated to have documents that allow someone else to make decisions on their behalf, as well as manage their financial affairs. Vulnerable people would be well-advised to officially have another person or people able …
Use a Will to Protect Assets of People with a Terminal Illness
Not a cheerful subject, however, most of us are reluctantly aware that we are not immortal. Some people shall never be aware of the timing of their demise. However, for others, they will be diagnosed with a terminal illness and must continue for the remainder of their life with the additional burden of that knowledge. …
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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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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.