344 lines
13 KiB
Plaintext
Executable File
344 lines
13 KiB
Plaintext
Executable File
sponsored
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offers
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money-deals
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8502891
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-----
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# Need advice on Will writing?
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## Expert help with some common questions
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![][1]
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3:48PM BST 09 May 2011
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Disputes involving Wills and estates are increasingly common. It is a complex
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and specialist area of law that can also be rife with emotions and family
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tensions.
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Louise Sykes, Partner and Head of the Will, Trust & Estate Disputes team at
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law firm Irwin Mitchell, providers of Telegraph Legal Services answers some of
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the regular questions faced by her team.
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**I'm planning on writing my will. Should I consult my family in the process,
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or could that potentially cause more problems?**
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Whilst it is not essential, it is recommended to discuss the terms of a Will
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with relatives and loved ones so that they are fully prepared for any
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unexpected gifts and understand the reasons for them. Discussing the terms of
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a Will with those closest to you and those who might expect to benefit from
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the estate can help to avoid future disputes .
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**My recently deceased partner wrote his Will shortly before we met. Although
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we never married, we became a couple and moved in together. Am I eligible to
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receive a spouse's share of his estate? **
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No. The law does not recognise the concept of a 'common law spouse'. However,
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you may have a claim under the Inheritance (Provision for Family and
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Dependents) Act 1975 if you can prove you lived with your late partner for at
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least the two years leading up to his death, and/or if you can also prove that
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he was maintaining you either in part or in full.
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There will be a number of factors taken into account when considering the
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merits of a claim under the Inheritance (Provision for Family and Dependants)
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Act 1975, including whether you contributed to the upkeep of the household and
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the level of dependency, both financial and otherwise, which you (and any
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others) had on the deceased.
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If your partner has acquired or maintained the property for the joint use of
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you both, where you have contributed to either the purchase price or the
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upkeep and maintenance of the property, this is known as a constructive trust.
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**I am currently composing my Will - who should I appoint as executor?**
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It is vital that you appoint the most suitable person to act as executor of
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your Will. Professionals, including solicitors and banks are often appointed,
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but whoever is chosen should be someone who is trustworthy, responsible and
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who understands the issues involved.
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The importance of properly fulfilling the role of executor cannot be
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underestimated, as the terms outlined in the Will are duties that need to be
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complied with by law.
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**I wish to leave my estate to various charities but I am worried about the
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Will not being upheld. Are others able to challenge the terms of my Will?**
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When a person feels they have not been reasonably provided for under the terms
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of a Will they can bring a claim under the Inheritance (Provision for Family
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and Dependants) Act 1975.
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However only certain people, such as spouses, civil partners, children, co-
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habitees (of at least two years) and people who have been maintained by the
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deceased, can make a claim under the Act.
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The issues which are then considered under the Act include things such as the
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financial circumstances of all those involved, the size of the estate, any
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disabilities and the length of any marriage or civil partnership.
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**Why should I use a solicitor to prepare my Will? Can I prepare a Will
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myself?**
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Any Will, including a homemade Will, must meet specific criteria as set out in
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the Wills Act in order to be valid. By instructing specialist solicitors, not
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only will the formalities be complied with, but you will also receive
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appropriate wealth management and tax planning advice. A solicitor will also
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be able to give you specific advice on your family circumstances and the ways
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in which to reduce the risks of future disputes, something which has become
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increasingly important in more recent years given the increase in second
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families.
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Do you need legal advice? Telegraph Legal Services is provided by Irwin
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Mitchell, the UK's leading personal injury law firm. For free initial advice
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call **0800 085 0749** or visit [telegraph.co.uk/legalservice ][2]
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[X][3] Share & bookmark
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[Tweet][7]
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http://www.telegraph.co.uk/sponsored/offers/money-deals/8502891/Need-advice-
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on-Will-writing.html
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Telegraph
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[X][3] Share & bookmark
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Share:
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* [ ][6]
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* [Tweet][7]
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All above offers are subject to terms and conditions. Please ask at the time
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[1]: http://i.telegraph.co.uk/multimedia/archive/01891/moneydeals_louises_1
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891009c.jpg
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[2]: http://legalservices.telegraph.co.uk/
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[3]: #
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[4]: http://www.telegraph.co.uk/technology/news/4590190/Share-this-article-
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the link in the email. Alternatively, you may have to open a web browser, such
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as Firefox or Internet Explorer, and copy the link over into the address bar.
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%0A%0Ahttp://www.telegraph.co.uk/sponsored/offers/money-deals/8502891/Need-
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advice-on-Will-writing.html %0A%0AFor the best content online, visit
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[7]: http://twitter.com/share?via=Telegraph
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[8]: http://www.telegraph.co.uk/sponsored/offers/money-deals/
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[9]: http://i.telegraph.co.uk/multimedia/archive/01704/telegraph-
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