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A will, or a last will and testament, is a legal document that describes how you would like your property and other assets to...
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If you don’t have a legally binding will in place before you die, the law of England and Wales will follow the rules of...
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Very much so. In 2013, after a lengthy consultation, the British government confirmed their belief that the will-writing market should be diverse and not...
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No. The British government confirmed in 2013, after a lengthy consultation, that the will-writing market should be diverse and not limited to solicitors.
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In the UK, there are specific rules and regulations that dictate the fate of a business upon the death of its owner.
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When someone dies, it's not just their assets that are left behind; they may also leave behind debts.
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Estate planning is not just for the super-rich. Whether you have a sprawling mansion or a small flat, some savings, or even just personal...
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One of the most important elements of drafting your will is appointing an executor. Here, we'll explore what an executor of a will is...
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Upon a person’s death, the responsibility of dealing with their estate often falls to an appointed individual known as the executor.
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Drafting a will is one of the most significant legal decisions you will make. It ensures that your assets are distributed according to your...
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In estate planning, will trusts (also known as testamentary trusts) serve as essential tools in ensuring that a person's assets are distributed and managed...
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The fate of one's home after death is primarily governed by wills, intestacy rules, and sometimes, trusts.
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The process of witnessing and signing a will is key to authenticating its validity. There are strict regulations surrounding this process.
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In drafting your wills and researching estate planning, a term you may come across is "testamentary capacity". It’s essential to understand its significance as...
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Writing a will is an important step to ensure that your wishes are carried out after your death, but the process does not end...
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Once you have drafted, printed, signed, and had your will written, it is paramount that your will is kept in a secure location, both...
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What about those more personal messages and sentiments that one might wish to convey to loved ones? This brings us to the question: Should...
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This glossary provides a basic understanding of some of the terminology used in the writing of a will in England and Wales.
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Life Planning & ProtectionUpon your death, only the designated executor possesses the legal authority to view your will. However, if probate is required to manage your estate, the final version of your will becomes publicly accessible. To maintain the confidentiality of certain wishes, consider penning them in a separate letter.
Probate & the Public Domain
When a person dies and leaves behind a will, it often has to go through the probate process, especially if there are significant assets or properties involved. Probate is the process of validating and executing the will.
Probate is usually needed when:
- The total value of an estate is worth more than £10,000;
- An estate includes a number of solely owned assets – things you own by one person alone, rather than co-owned with other people.
In cases where the estate is small or you mostly own assets with another person or people, it’s unlikely probate will be necessary.
Once a will is submitted for probate, it becomes a public record. This means that in the UK, once probate has been granted, anyone can apply to the Probate Registry to get a copy of a will, as well as the associated grant and the inventory of the deceased person’s estate.
Why Are Wills Made Public?
There are various reasons for this transparency:
Ensuring Fairness and Legitimacy: By making a will public, it ensures that the document’s authenticity is maintained and reduces potential disputes or challenges to the will.
Protection Against Fraud: Public access to wills ensures a level of transparency that can deter fraudulent activities or the mismanagement of a deceased individual’s assets.
Historical and Genealogical Importance: Wills can provide valuable insights into family histories, relationships, assets, and more. Genealogists and historians often use wills as resources for their research.
What About Privacy?
While the concept of public wills ensures transparency, it does raise concerns about privacy. Not everyone might be comfortable with the idea that their final wishes, assets, and family details are open to public scrutiny.
However, the UK system tries to maintain a balance. Before probate, the contents of a will remain private, known only to the testator (person making the will) and those they choose to share it with, such as their solicitor or family members. It’s only after the probate process that the will becomes a public record.
Can You Keep a Will Private in the UK?
The standard procedure is as described above, but if there are specific reasons to keep a will out of the public eye, it might be possible to request that it remain private. This, however, is exceptional and requires valid reasons, legal procedures, and often a court’s intervention.
Separate Letters & Funeral Arrangements
If there’s something you’d like to write down to make your wishes clear but you’d rather it stay private, you can keep it out of your will and write a separate letter of wishes.
You can include anything you like in a letter, but you’ll need to make sure it does not go against what you say in your will. It should be a helpful additional document to guide your executor and family to carry out your wishes and administer your estate.
Some people like to include their funeral wishes in their will, and this is perfectly OK to do. But your family may want to start making arrangements before they can see your will.
If it’s possible, talk to your relatives in advance to let them know your wishes, and give them the instructions written down. This way they can start putting your funeral wishes into action without worrying if it takes time to read the will.
While a will is initially a private document, it becomes public once it enters the probate process. This system is designed to ensure transparency, fairness, and deter potential fraud, but it also means that an individual’s final wishes can become publicly accessible. If privacy is a concern, it’s crucial to seek legal advice to understand potential options and protections.