Probate

Can I leave my assets to anyone?

Yes, but you should make proper provision for your spouse and children, including ex-nuptial children. If you do not, they could take proceedings under the Family Provision Act to obtain provision, depending on their needs.

Where should I keep my will?

Keep your will in a safe place. It is preferable not to keep the will yourself in case it is mislaid. If the will is mislaid, it may be presumed to have been revoked. Solicitors hold wills on behalf of clients, usually at no charge. You should keep a copy of your will and note on it where the original is kept.

It is advisable to tell your executor where your will is kept. If you want to give personal instructions that you do not want to appear in your will, you can simply leave your executor a letter of instructions.

How will a solicitor help me?

Having a solicitor draw up your will is in your interest because he or she will:

• Make sure your will is valid – that is, properly drawn, signed and witnessed.
• Make sure your wishes are clearly expressed in the will.
• Advise you regarding adequate provision for your spouse and children, or for any former spouse or any dependants.
• Advise you as to any possible liability for capital gains tax which might result from provisions you intend to make in your will.
• Advise you on choosing an executor and on the executor’s right to be paid for his or her time and trouble in administering your estate.
• Advise you on the best way to arrange your affairs.
• Keep the will in a safe place, usually without charge.

For a free chat  as to how a cost effective and expertly prepared will can give you and your loved ones peace of mind.