Frequently Asked Questions: Wills
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Frequently Asked Questions: Wills
No one likes needing to think about creating a Will. But it’s important to be prepared. This is why we’ve compiled an FAQ on Wills to cover what to expect and what you need to do when creating and managing your will.
How often should I review my Will?
We would suggest reviewing your Will every 3 to 5 years, or when there is a change in your circumstances. This does not necessarily mean you will need to change your Will but it is best practice to check that your Will still reflects your wishes and takes into account any changes that have taken place.
Should I appoint more than one Executor in my Will?
Yes. If you only appoint one Executor and he or she dies before you, you will not have an Executor to deal with your estate. It is also possible that your Executor may lose capacity and may not be able to deal with your Estate. Whilst one of the beneficiaries named in your Will will be able to deal with the administration of your estate, you may prefer someone else to take on this role.
Can I exclude someone from my Will?
Yes, you can.
However, before you make such a decision please give it careful consideration as excluding someone has potential consequences for the administration of your estate (and in particular leaving your estate exposed to a greater risk that someone may bring a claim against your estate).
Can someone who I have excluded from my Will bring a claim against my estate?
Yes, although it does depend on the circumstances and the person involved; and it is important that anyone preparing a Will who wishes to exclude a family member take advice about the possible implications.
Will a claim against my estate be successful?
The success of any claim brought against an estate will depend upon the circumstances; it is impossible to say whether any particular claim will or will not be successful. However, the important thing when preparing a Will is if it is thought that there is any risk that a claim may made, advice is sought when preparing the Will about mitigating the chances of success of any potential claim.
Contact Us
If you need support or guidance when it comes to creating, updating, or reviewing your Will, reach out to our Wills, Estate Planning and Trusts team, or contact Bruce Clarke, Partner via e. bruceclarke@rixandkay.co.uk or t. 01732 440 853
