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Excluding people from your will

Writer's picture: MiGemMiGem

Having an up to date will which has been completed correctly is the only sure-fire way to ensure that your assets pass to the people or organisations that you want them to on your death. Wills are very important documents as they legally allow you to ensure your wishes are carried out, which may also include people you do not want to inherit from you, on your death.


It was found in a study conducted by JMW Solicitors that of the 1,000 UK adults asked, 60% said they would be likely to contest a will if they felt they had been incorrectly left out. 62% of those who would contest, would not be put off by costly legal fees and 60% of those who would contest would not be put off by taking friends and relatives to court to do so. When we take wishes from our clients, we always discuss people that they may want to exclude from inheriting, it is very important to take care when doing this.


That all being said, it is not that easy to contest a will, the law in England and Wales states that to do so, the contester must be one of the following:


· Your current spouse, civil partner, or cohabiting partner

  • Your former spouse or civil partner if neither party have remarried

  • Children, step-children, foster children, and any child who was treated as yours

  • Anyone who can prove that they were financially dependent on you

  • Anyone living with you for 2 years until your death


Under the laws of intestacy (dying without a will) some extended family members may inherit from you on your death, having a will can ensure that this doesn’t happen.


You will obviously not be around when someone makes a challenge on your will, and in truth there is nothing that can be done to stop someone making a challenge, however, we can put obstacles in the way to ensure they are not successful.


Namely:

  • An up to date will – this is always the best way to ensure your wishes are carried out

  • A letter of wishes detailing reasons for exclusion, which is then referenced in your will

  • Leave a small gift to someone, this shows that they were not “forgotten”, you made the decision to leave them something, but not anything sizable

  • Ensure that the person taking your wishes establishes that you have mental capacity and therefore challenges based on whether you were of sound mind can be protected against

Wills are immensely important, and making sure they have been completed correctly gives peace of mind, it is therefore vital that you make sure it is all done properly. We will never fully complete the signing and witnessing of any will unless our clients are certain they are happy that everything is included.


Let us help.


MiGem Life Well Planned




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MiGem Limited

Registered in England & Wales - Number:  09891414
Registered Office Address – 39 Kirklees Road, Southport, England, PR8 4RB

On behalf of APS Legal & Associates Ltd

Head office: Worksop Turbine Innovation Centre, Shireoaks Triangle Business Park, Coach Close, Worksop, Nottinghamshire, S81 8AP

APS Legal & Associates is a member of the Institute of Professional Willwriters

APS Legal & Associates complies with the Trading Standards Institute Approved IPW Code of Practice


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