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Wealden Times | WT184 | June 2017 | Kitchen & Bathroom supplement inside

Wealden Times - The lifestyle magazine for the Weald

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Legal<br />

Get Your Life in Order<br />

Three legal experts share important advice on planning for the future<br />

Credit: FreeImages.com/Shho<br />

Preparing, Planning and<br />

Protecting your Estate<br />

James Beresford, Slater and Gordon<br />

What happens if I don’t have any plans in place?<br />

“If you die without leaving a valid will, you are treated<br />

as having died intestate. This means that your estate will<br />

be divided in accordance with the law. This may mean<br />

that people whom you do not wish to inherit from your<br />

estate may do so. It is not necessarily a certainty that your<br />

husband, wife or civil partner will inherit all of your estate.”<br />

Should my partner and I have a joint will?<br />

“There is no such thing as a ‘joint’ will. Each person<br />

will make their own individual will. What you can do<br />

is have wills that mirror each other in their terms. It<br />

very much depends upon your family dynamics as to<br />

whether your wills should do so however. It also depends<br />

on the family scenario and the assets involved.”<br />

What grounds could there be for my will to be contested?<br />

“Wills can be contested in certain circumstances only.<br />

There are limited categories of people who can claim against<br />

your estate if they feel that they have not been sufficiently<br />

provided for. Your will could also be challenged if you did<br />

not have the requisite capacity to create a will and also that<br />

you lacked knowledge and approval of the contents.<br />

Whilst there is nothing that you can do to prevent a claim<br />

being brought against your estate it will be harder for a<br />

claim to be brought, if you take appropriate specialist<br />

legal advice from a suitably qualified solicitor. He or she<br />

will be able to express your wishes in your own words and<br />

put plans in place to ensure that they are met.”<br />

<br />

James Beresford is Head of Wills, Tax, Trusts and Probate at<br />

Slater and Gordon Lawyers. 0161 383 3883 slatergordon.co.uk<br />

159 wealdentimes.co.uk

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