Inheritance dispute

How can I make sure my wishes are carried out?

You should appoint in your will a person called an executor to handle your affairs after you die. If you wish, you can name more than one person to act as executor. You can choose anyone to be your executor – your spouse, relative, a friend, your Solicitor – but you should first ask them if they are prepared to take on the task and confirm with them that they have been appointed.

Being an executor is a very responsible position. The executor has to obtain probate of the will and pay any taxes, debts or expenses before finally distributing the balance to the beneficiaries named in your will. An executor who is not a beneficiary may apply to the court for payment for his or her work as executor.

What happens if I don’t make a will?

The legal procedures are more complicated and time-consuming and may cause expense, worry and even hardship to your family.

The law provides a formula which sets out who is entitled to the property of a deceased person who has not left a will. The formula may not distribute your assets in the way you would have wanted.

It is not true that the Government takes a deceased person’s property if there is no will. This can happen only in exceptional cases where there are no close relatives or persons in a family relationship surviving the deceased.

Can I alter my will if I change my mind?

Yes. You are free to alter your will at any time. If your circumstances change, you can and should alter your will. However, you cannot simply make an alteration by, for instance, crossing something out on the original will and writing in your new wishes.

If the alterations are minor, you can make a codicil (a separate document in which you change a provision in your will) but it is usually better to make an entirely new will unless the change is very simple. A codicil must be signed in the presence of two witnesses, in the same way as when you make your will.

What if I marry or divorce?

If you made a will before you married, it will automatically be revoked when you marry, unless it was made with a particular marriage in mind, or stated in general terms that it was made in contemplation of marriage. So if you marry, it is more than likely you will need to make a new will.

Any gift or appointment (e.g. as an executor or guardian) in favour of a former spouse in your will is automatically revoked when a divorce decree becomes absolute or a decree of nullity is made. It is in your best interest to make a new will or codicil if you are divorced or have been separated for an extended period.

My name is Greg Smith. I am a will dispute lawyer. For many years I have focused on helping people bring will disputes to a quick and successful conclusion.

• Listen to you while you tell your story
• Identify your needs
• Explain how the various laws governing will disputes applies in your case in plain English (not “legalese”)
• Help you achieve your goals in a timely and low-cost way