• Wills Advice
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• Disputing a Will
• Grant of Probate
• Executors Duties
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• Legal Information

Distribution of Assets

We are living in an age where the majority of the population are better off than previous generations and most people will posses assets at the time of their death. Wills give instructions that are legally enforceable, on the appointment of an executor and on how assets should be distributed. It is an executor's duty to ensure that the wishes of the deceased are carried out. If the deceased has not bothered making a will then there are legal rules which dictate how the money, property or possessions should be allocated. The rules detail the degrees of relationship that are entitled to claim the assets using a Grant of Administration issued upon application to the court. If no relative qualifies under the provisions to claim the assets then the Crown may be able to take everything. It is therefore important that almost everyone leaves formal instructions on how they require their assets to be dealt with after death. Failure to do so may mean that the deceased person's assets are distributed in a way that they would not have countenanced in life.

Making a Will

There is no need to use a solicitor when making a will and thousands of people write their own wills using reference books or 'do it yourself' packs however the rules and regulations are extremely complex and there are numerous pitfalls for the unwary. It is generally thought in the legal profession that solicitors make considerably more money out of sorting out messy or unenforceable instructions than they do dealing with accurate and properly drafted and executed documents. The most common errors made by the layman include:-

being unaware of the precise requirements necessary to execute and sign the document

failing to distribute all of the assets which may allow the Crown to make a claim

failure to give instructions on how to re-distribute assets in the event of a beneficiary dying

altering a will improperly after initial execution

not taking account of changing relationships including marriages, divorces, births and The Civil Partnership Act.

failure to consider that dependents may have a prior claim on the estate

Revocation of a Will

Wills can be destroyed physically by the testator or by someone acting on their behalf and are thereafter of no consequence however accidental damage does not cause revocation. They can be altered by addendum called a codicil which must be properly executed.

Appointment of Executors

Executors are appointed by the deceased person and an executor's duty includes responsibility for carrying out the wishes of the deceased. Their job is to collect all assets in accordance with their instructions and thereafter pay all debts and subsequently distribute the net assets to the beneficiaries. Except in the most simple of cases most executors do not deal with this job on their own but instruct a solicitor to act on their behalf as it usually involves considerable paperwork. Executors can be solicitors, bankers or accountants or trusted members of the public including family or friends.

Free Legal Advice

We represent a nationwide network of solicitors who deal with wills and probate and grants of administration. Our panel members also deal with contested probate cases where either the validity of the document is called into question or there is a claim from someone who was not included as a beneficiary including relatives and dependants. If you would like advice on any of these matters either complete the contact form or call the helpline and a solicitor will discuss your needs and give initial advice at no charge and without further obligation.