WILLS FAQ’S
What if I change my mind and do not wish to write a Will?
You have the right to cancel our contract by writing to us within seven days to office@countydouglas.co.uk OR County Douglas Law, 5 Cheviot Close, Basingstoke, RG22 5AE.
What is my minimum commitment?
Only the non-refundable Consultation Fee for home visits.
Where get I get a copy of the full Terms & Conditions?
www.countydouglas.co.uk OR ask us and we will post you a copy.
What if I need to change my Will in the future e.g. marriage, divorce or the arrival of children/grandchildren/stepchildren or a change in specific bequests?
Contact us and we will arrange everything.
What if someone mentioned in my Will changes address or their name?
No problem – your existing documents will not need updating.
What if I move address?
Please notify us so that we can change our database.
Should I appoint Professional Executors and Trustees?
Our standard advice is to appoint family members BUT ensure they take professional advice as at the time of death.
What do our Executors need to know?
Only about their potential responsibility at this stage.
What happens upon death?
Your Executor has full authority to act (with joint Executors acting together) and they simply need to contact our office for guidance.
Can a beneficiary also be an Executor/Trustee?
Yes – it is usually the case.
What is Guardianship?
When you delegate all your existing rights and responsibilities as a Parent to someone of your choice.
What if parents are unmarried?
The mother automatically acquires “parental responsibility” but not the father. After 1st December 2003, an unmarried father acquires “parental responsibility” by appearing on the birth certificate. Otherwise, the father can gain these rights by agreement, via the mother’s will or by Court action.
Can Parents appoint different guardians and / or joint guardians?
Yes – it is normal to appoint 1 or 2 people.
Do Step-parents do have parental rights?
No
What is Joint Ownership?
It is usual to own joint freehold property as “Joint Tenants” meaning that together you both own the entire asset. Upon death, the survivor will own the asset outright - regardless of any will.
What is a Joint Tenants in Common?
The alternative is to “Sever the Joint Tenancy” at the Land Registry and then you both each own a fixed percentage (usually 50:50) and your share will be governed by your Will.
What if a Will is done under Duress?
The law protects people against undue influence and a court could redistribute the assets.
What is Testamentary Capacity?
The law states that you must understand the document and wish it to take effect but you do not have to do what others consider wise and prudent.
What if I am a Beneficiary under an existing Trust?
You need to refer to the Trustees and check what happens to the asset upon your death.
What if I have Business interests?
Sole traders, partners (subject to any Partnership Agreement) and shareholders are able to pass on their business holdings just like any other asset.
What about any assets that I own overseas?
It is best to have a UK Will to cover UK assets and a local overseas Will to cover the assets in that country. Otherwise there can be complications with translations and differing procedures. You need to ensure that the second Will does not inadvertently override your existing Will.
What if I wish to exclude People?
If anyone is financially dependent upon you (e.g. children); they already have a claim on your finances and to pursue this upon your death, they would have to obtain a Court Order. This is a complex area with the Courts having the final decision and they usually seek to treat children equally.
What is a Beneficial Interest?
Even if a house is in your sole name; the Courts have the power to award an “equitable interest” to someone who treats it as their home. It depends upon the facts e.g. any verbal or written agreements, how long they have been living there and what contribution has been made.
What if I have made a Prior promise?
If you make a promise during your lifetime but do not include it in your Will, then there could be a potential claim against your estate. Ideally, you should rescind such promises publicly in your lifetime.