Home > Legal Articles > Separation – making sure your Will is up to date

Topic: Will


  • EHL Family Law Team
    Separation – making sure your Will is up to date
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      It may seem strange for a family lawyer to refer to the need for a Will but many people do not realise that just because they are separated does not change their legal status for inheritance. Most married couples happily do wills leaving their property to their spouses and those wills (unless formally revoked)… Learn more

  • Emma Fuller - Wills, Probate and LPA
    Government hands back £520,000 left to ‘them’ in a Will
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    People typically leave their cash to relatives, or in some cases to friends, donkey sanctuaries or their cat.  But this week a £520,000 legacy left to “whichever Government is in office” prompted confusion over what was meant. The Executors had taken this to mean that the money should be paid to those in Government (namely… Learn more

  • Emma Fuller - Wills, Probate and LPA
    Probate: Who Can Apply?
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    Who can apply for probate depends upon whether the Deceased left a Will, or not. Where there is a Will If a Will is left the person with the responsibility for applying for probate is called the Executor, and the Will names who this is to be. Common issues are: i)              Locating the Will –… Learn more

  • Emma Fuller - Wills, Probate and LPA
    Executors: what to do if you are named in a Will
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    Duties of an Executor The people appointed to deal with the estate under the terms of a Will are known as the Executors (there may be one or more). The role of the executor An executor fulfils a very important role when administrating an estate, as they take on responsibility for dealing with the estate… Learn more

  • Emma Fuller - Wills, Probate and LPA
    How to deal with the property of someone who has died
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    Everything that a person who has died owns is called their estate. This can be made up of:   Money – both cash and money in the bank/building society Money owed to the person who has died Shares Property Personal possessions – cars, jewellery   Any money owed, so for example, credit cards charges or… Learn more

  • Paul Stubbs - Litigation
    Concerns over the validity of a Will
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    Clients often approach us with concerns a relative who has passed away did not have capacity to make their will.  In these cases, we need to determine the circumstances surrounding the preparation of the Will to see whether a claim can be made.   It will come as no surprise the process becomes quite complex. … Learn more

  • Paul Stubbs - Litigation
    What to do if there is a dispute to a will
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    The basic grounds on which a will may be disputed are: (i)                  lack of due execution; (ii)                lack of testamentary capacity; (iii)               lack of knowledge and approval; (iv)              undue influence; and (v)                forgery/fraud. In addition to the above grounds, the Inheritance (Provision for Family and Dependents) Act 1975 allows certain categories of individuals to seek… Learn more

  • Emma Fuller - Wills, Probate and LPA
    Why should you review your Will regularly?
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    When a person makes a Will they forget to review it regularly and many change in circumstances may mean the Wills need revisiting. Circumstances such as divorce or separation ,selling or purchasing an asset ,death of a beneficiary/executor  or the birth of a potential beneficiary may require a Will to be re written to pass… Learn more

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