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Heir Hunters Association Australia : New Zealand : Asia Intestate & Heir Estate Beneficiary Tracing |
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Independent, Unbiased advice and information for Heir Hunters, Researchers and Beneficiaries alike
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How a bad Will can lead into intestacy
by Maurice S Clarke
Most adults believe making a Will is a good idea and is something they should do. For a variety of reasons over 50% of UK adults never actually make a Will. Of those who do make Wills as much as 50% are either invalid or not fit for purpose.
So if the Will is the only one made various conditions can lead to it being void and useless. The result, in the absence of another legal Will is intestacy, assets then pass to blood relatives under the rules of intestacy.
Consider these key pointers about Wills you need to know, yours or other peoples:
1. Proper signing procedure. The most common reason for declaring a Will invalid is incorrect signing procedure (attestation). Two witnesses must see the testator sign the Will and sign a declaration stating just that.
2. Witnesses should not be beneficiaries in the Will. If they are, the Will is still valid but any inheritance in the Will is struck out! If a sole beneficiary witnessed a Will their inheritance would be nil. Relatives may have to ask a court to revoke a will in which case the estate is then handled under the term of intestacy.
3. Common Law Marriage is a myth. There is no such thing in English law, so if your partner dies you will inherit nothing without such provisions in a Will.
4. Marriage can invalidate your Will. Unless your Will is made in contemplation of marriage your Will be invalidated by marriage. You will need a new Will!
5. Divorce does not invalidate your Will. However your ex-spouse is treated as if s/he has died. The effect may be that you would be intestate or partially intestate. You should get a new Will.
6. Never alter or tamper with your Will. Any damage or alterations may invalidate your Will.
7. Keep your Will safe. If you die in a fire your will may go up in flames too. A Will needs to be available when it is needed. Store it at your bank or other secure facility.
8. Let your Executors and beneficiaries know where to find the Will. This can be achieved through secure storage with storage certificates provided for the Executors. There are also internet registration options which may prove particularly useful with larger families who have spread to far off places.
A Will that cannot be found when the time comes is worse than no Will at all. It may come to light years later when the estate has been paid out, potentially to all the wrong people under the terms of intestacy.
People create Wills as they believe they are a good idea and necessary for their circumstances, but unless the job is done right at the time and in the future the task may have been a waste of time for its creator.
