If there would be an advantage to us to VARY how we inherit from a deceased person’s estate, either via their Will or by the Law of Intestacy because there was no Will, then we have up to TWO years after that person died to do so. This process is known as undertaking a Deed …
Is my Will Still Valid?
Questions that we receive regularly include “How do I know that my Will is valid?”; and “For How long does my Will remain valid?”; and “Can I make any changes to my Will?” How do I Know that my Will is Valid? As soon as your Will has been signed correctly, it becomes a legally …
Joint Tenants v Tenants in Common Property Ownership
If you own your property as “Joint Tenants” with another person, you may decide that you want to change that joint ownership, so your property is then owned as either “Tenants in Common in Equal Shares” or “Tenants in Common in Unequal Shares” instead. The equal or unequal shares shall depend upon whether you wish …
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Inheritance Tax Reduction by Gifting to People
Gifting can sometimes be an effective way to reduce your future potential Inheritance Tax (IHT) liability after your lifetime. However, you only need to consider this if there would be a potential IHT liability after your death OR you have other genuine reasons to make gifts to other people. Will there be an Inheritance Tax …
Do We Need a Grant of Probate After Someone Dies?
Not Always If you are an Executor of a Will or a Representative of a deceased person (if there is no Will), you will need to establish whether a Grant of Probate is required for their estate. Usually, a Grant of Probate is required from a government department known as the “Probate Registry” if any …
Inheritance Tax and Investment Property
Investment Property is NOT Automatically Exempt from Inheritance Tax (IHT) It is widely recognised that although most ongoing active businesses are exempt from Inheritance Tax (IHT) upon the death of the owner(s) or controlling shareholder(s), businesses where the main activity relates to investment property or properties are NOT exempt from potential IHT liability. Can I …
Who can Contest my Will or my Estate?
When someone does not inherit from an estate but believes that they should, they may have grounds to contest the Will of a deceased person or contest the law of intestacy if there is no Will. Whether they will be successful with their claim depends upon numerous factors including whether they were financially dependent upon …
Vulnerable Adult Beneficiaries of a Will
Beneficiaries of Wills may be vulnerable for many reasons, including but not limited to learning difficulties, illness, and addiction. How do we provide for a vulnerable (and 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. …
Beware DIY and Free Wills TRF Wills – Wolverhampton Office
TRF Wills are delighted to announce that we now have a full-time consultant covering Wolverhampton and its surrounding geographical areas. This article is an in-depth look at DIY and Free Wills from TRF Wills – Wolverhampton Do-it-Yourself (DIY) Wills If you have been considering creating your own Will, you are totally at liberty to do …
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Solicitor v Local Professional Will Writer
Some people understandably believe that they will get a superior product and service if they use a solicitor rather than a local professional Will Writer. However, a Will is either legally valid or it is not, whether it is provided by a solicitor or a local Will Writer. A qualified solicitor is accountable to the Solicitors …
Security of a Valid Will Document
There are certain circumstances whereby the location and security of a valid Will document is crucial. When your spouse is NOT the biological parent of your children is a very important example of this. Second Marriages & Cohabitation It is increasingly common that people who remarry or cohabit after their previous spouse has died, wish …
A Will is NOT Simply a List
A Will is NOT simply a list of who does what, and who receives what, after we die. If that were the case, then there would be little need for solicitors and professional Will Writers because people would merely prepare such a list at their own convenience. Here are a few examples of potential issues …
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.