A will is a legal document in which you express your wish to divide your assets or estate into different parts, to be left to your descendants, spouse, relatives, or to whoever you have in mind. In many cases, most people would opt for a solicitor to assist them, as they might not know the entire process of drafting a proper and legally valid will.
What happens if you do not have a will?
If you pass away without a will, the Rules of Intestacy will come into effect. This would mean that your loved ones would not be given the share that you would have in mind. Instead, the state would decide how much each of them are getting and this would cause problems or hardship to the ones who felt that they didn’t receive their share fairly.
Grounds for contesting a will
There are certain grounds for contesting a will and these are some of the reasons: under duress, under the influence of alcohol or drugs, fraud, a medical condition that affects the testamentary capacity, invalid execution of a will, etc. These are legal grounds for challenging a will so make sure that you are a of a clear and sound mind before drafting a will in the presence of two witnesses.
Hiring a solicitor
When you feel that the will has some grounds of fraud or coercion by some other parties, you should engage a solicitor to file a suit and act on your behalf. When you are contesting a will, solicitor advise is essential and both parties will try to settle the issue out of court in order to minimise the costs and prevent things from turning ugly. If it cannot be done, the issue will be taken to court and the solicitor will be experienced enough to fight for your case and guide you on the court proceedings.
The importance of having a will
Whether you are old or young, accidents and mishaps can occur. A will that has been carefully drafted could avoid misunderstandings on the share of your estate or property after your passing and this could prevent unwanted rifts in the relationship between your loved ones. A will can be changed anytime, so fret not about committing to it too early. In fact, you can start now and make the changes a few years later or whenever you deem fit.
Cost of a will
The running cost of drafting a simple valid will in the presence of a solicitor will not be excessive, and this single investment will save your loved ones the hassle in the future. The cost also includes consultation and advice from a qualified solicitor.
It is always advisable to draft a will in the presence of a solicitor and get the appropriate advice. In such an important event, it is best not to save on the cost of a legally valid will as it will ensure that your loved ones are getting their accorded share of your estate, and in turn, prevent any disputes from arising.