Will writing mistakes

Will writing mistakes

Have you looked into making a Will and thought of writing it yourself? If so, have you considered whether it would be a legally binding document or just an invalid piece of paper?

It is not compulsory to have a Will in the UK. However, if you do not have one in place at the time of your death you are considered to have passed away intestate and intestacy rules will determine how your estate passes.

Having a current valid Will can relieve the burden and stress on your family and friends as it should set out your funeral wishes and how you would like your estate to be distributed.

Whilst there is nothing to stop someone preparing their own Will, if you draw up your own Will, errors with the document can lead to disputes between family and friends and possibly lead to someone making a claim against your estate.

There are also a number of formalities that need to be complied with to ensure that the Will is valid. A common mistake is not executing the Will correctly; there are technical rules which need to be considered.

Have you considered the implications of how the ownership of your property is registered with HM Land Registry? How your home is owned can affect how it passes and this needs to be considered when preparing a Will.

Will your estate be charged to inheritance tax; and have you considered how is this going to impact on the sums your intended beneficiaries receive?

It is also important to bear in mind that getting married or entering into a civil partnership can revoke your Will; unless the Will is correctly drafted prior to that marriage or civil partnership.

Contact Us

Rix & Kay Solicitors LLP have a dedicated team who specialise in drafting Wills and are here to help.  We appreciate the importance and value to our clients of making a Will.  We understand everyone is different and take into consideration individual circumstances to offer advice on the best way forward for you. Our specialised knowledge will help you navigate the complexities of drawing up a Will.

For assistance when drafting your Will, contact Bruce Clarke, Head of the Private Client team, via e. BruceClarke@rixandkay.co.uk or t. 01732 440 853.