Executors & Trustees

By | Executor, Trustees, Wills | No Comments

Many Testators will choose the same people to act as both their Executors and Trustees, however each role is very different and comes with its own responsibilities so this may prompt testators to consider appointing different individuals for each appointment. Firstly, those who will deal with the administration process of the Estate – the Executors, and those who will manage any assets which are required to be held once the administration of the Estate is complete – the Trustees.   Where necessary and upon the death of the testator, the duty of an Executor is that they shall apply to the Court for a Grant of Probate. This enables the Executor to accumulate the assets and where it is appropriate, liquidate assets to enable distribution, in accordance with the terms of the Will. Before distributions, they must ensure that any debts and liabilities have been settled. The role could include…

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Wills abroad

By | Wills | No Comments

Wills Abroad Most, if not all WillPack members come across clients with assets abroad at some stage during their estate planning career. When this happens, the most important questions you can ask is, ‘what assets do you have overseas?’ and ‘do you have a Will in the respective country?’   If a client has real estate abroad, it is important the client is advised to seek advice in the country the property is situated in and seek a Will to deal with the estate in this country, if they have not done so already.   In the case of the client not having a Will in that country at the time of making the UK Will, WillPack can prepare Wills to deal with Worldwide assets. This ensure that the client has a Will that can be brought forward to foreign courts to consider the terms of the Will. However, it…

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Lost Wills

By | Will Storage, Wills | One Comment

Should it be the case that a Will cannot be found by family members after death, it is possible for a copy of the Will to be submitted for probate. This would be a complex procedure, with the Executors providing very detailed evidence that the copy is true to the Testator’s intentions and that the original Will was attested. Matters will be made more complex if the last known location of the Will was in the Testator’s possession. In such a case, a presumption arises that the Testator has destroyed the Will with the intention of revoking it. This presumption is rebuttable by showing enough evidence of non-revocation. The exact amount of evidence required will vary from case to case, as the strength of the presumption of revocation varies depending on the level of security, or lack of it, of the Testator’s custody of the Will. The safer the Testator…

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Law Commission: Making a Will Consultation

By | Legal | No Comments

Law Commission: Making a Will Consultation The Law Commission yesterday (13/07/17) published a consultation paper on the law surrounding Wills. The consultation includes various comments, recommendations and areas for discussion. A brief summary of the main provisions of the consultation paper can be found below. Dispensing Power A number of foreign jurisdictions have what is known as ‘Dispensing Powers’ which allow a court to recognise a Will as valid even if it did not comply with all formalities requirements. The Law Commission proposes similar powers be introduced in England and Wales to act as a safety net for those who have tried to make a Will, but failed to follow the correct formalities. These would be dealt with on a case by case basis and would not introduce a method of making a Will, maintaining that, for example, an unwitnessed Will would not be simply admitted to probate, and it…

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