WILLS

Who Is The Next of Kin When Someone Dies Without a Will?

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This will depend on a number of circumstances: whether there is a surviving married or civil partner, whether there are children, grandchildren or great grandchildren.

If you are not married and you don’t have children, your parents are considered first, followed by your siblings, nieces or nephews, and extended family members.

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Who Is Your Next of Kin If You’re Not Married?

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If you’re not married and don’t have a will, your children are first in line to inherit your estate. This only includes your biological or adopted children. Foster and stepchildren are generally not considered next of kin in the eyes of the law. If you want them to inherit assets from your estate, you must have a valid will.

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Can An Executor of a Will Also Inherit?

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In short, yes, an executor can be a beneficiary of a will, in fact, it's quite normal for that to be the case. The only people who cannot be beneficiaries under a will are those who witnessed the will when the deceased signed it.

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Who Distributes The Money From a Will?

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Executor: After someone dies, someone (called the deceased person's 'executor' or 'administrator') must deal with their money and property (the deceased person's 'estate'). They need to pay the deceased person's taxes and debts, and distribute his or her money and property to the people entitled to it.

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What Is a Will and Why Do I Need One?

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A Will is a legal document that outlines how you want your assets and possessions to be distributed after your death. It allows you to ensure that your wishes are carried out and that your loved ones are taken care of. Without a will, your estate may be distributed according to the intestacy laws, which may not align with your preferences.

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How Do I Create a Will?

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To create a Will, you have a few options. You can consult a solicitor who can guide you through the process and ensure that your will is legally valid. It's recommended to seek legal advice to ensure it meets all legal requirements.

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What Should Be Included In a Will?

 

A Will typically includes the following elements:

Your personal details: Full name, address, and date of birth.

 

Executors: People responsible for administering your estate and carrying out your wishes.

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Beneficiaries: Individuals or organisations you wish to inherit your assets.

Assets and possessions: A detailed list of your assets, including property, investments, bank accounts, and personal belongings.

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Guardianship: If you have children who are minors, you can appoint guardians to take care of them.

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Funeral wishes: Your preferences for burial or cremation, as well as any specific funeral instructions.

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Can I Change My Will Once Its Created?

 

Yes, you can change your will at any time as long as you are mentally competent. This can be done by creating a new will or making a codicil, which is a legal document that amends specific provisions of an existing will. It's important to keep your will up to date to reflect any significant life events or changes in your circumstances.

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Is My Will Automatically Valid After I Create It?

 

For a Will to be valid, it must meet certain legal requirements. It must be in writing, signed by you in the presence of two witnesses who are both present at the same time, and the witnesses must also sign the Will. If these requirements are not met, the Will may be considered invalid. It's advisable to seek professional guidance to ensure your Will is legally valid and properly executed.