Will Solicitors

If you pass away without a Will (Intestate), the distribution of your Estate and assets will be governed by the laws of Intestacy. This can cause some of the following consequences:

• You will not be able to choose your beneficiaries/determine who will inherit your assets

• Having no Will can create complex family situations, potentially affecting relationships

• Certain assets may be sold to satisfy the legal distribution requirements

• If you have dependant children, the court may decide who cares for your children

• The process of administering an Intestate Estate may take much more time and cost more money

It is a common misconception that a Will made while you are married is automatically cancelled if you later get divorced. When you get divorced, the law treats your former spouse or civil partner as if they had predeceased you in the Will. This means that any gifts or appointments of your former spouse as an executor or trustee will generally be considered void.

If your former spouse is named as an Executor or Trustee in your Will, their appointment may be deemed invalid. It's important to consider naming an alternative executor or trustee. After a divorce, it's advisable to review and update your Will to reflect your new circumstances, including your beneficiaries, executors, and any changes in assets.

If you and your former spouse were the legal guardians of your children, you should review your Will to ensure that you have named new guardians, if necessary, as the court may have to decide who will care for your children in the event of your death. Our expert team will be able to advise you on every step reviewing and updating your will.

Yes - all Wills are open to challenge, and there's no way to prevent someone from attempting to contest it. The crucial question is, "Can a challenge to my Will succeed?" This depends on various factors. If your Will includes your immediate family and dependents, such as your spouse or civil partner and your children, there's little reason for it to be contested. However, if you exclude someone who might have expected to benefit from your Will, or if there are suspicions about your mental capacity or undue influence during the Will-making process, there's a genuine risk of a challenge. To mitigate potential conflicts, it's advisable to discuss your Will with your family and loved ones, especially if you intend to exclude them. This proactive approach can prevent posthumous questions about your motivations. Alternatively, you can draft a letter to your Executors outlining the reasons for excluding a particular individual from your Will and store this letter alongside your Will.

We recommend that you inform your Executor about the whereabouts of your Will. In the event of your passing, your Executor will need to locate the original Will. If your Will is held by P.A. Duffy & Co., your Executor should get in touch with us to report your passing. We can then arrange to retrieve the original Will from our secure storage facility. Once we have your Will in hand, we will verify the identity of the Executor. We will also provide them with free guidance and support to ensure they understand their responsibilities, and if necessary, offer our professional assistance.