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Making a will - One of the downsides of this is that anyone can put the information out there.
Introduction A will is a witnessed document that sets out in writing the deceased's wishes for his or her possessions, called his or her 'estate' , after death. Reasons for making a will It is important for you to make a will because if you do not, and die without a will, the law on intestacy decides what happens to your property. It is also advisable to complete and keep updated a list of your assets. You can use a form such as our form,. It will make it easier to identify and trace your assets after you die. You should keep the list in a safe place. What happens if you die having made a will If you have made a will, you are called a testator male or testatrix female. A person who dies having made a valid will is said to have died 'testate'. If you die testate, then all your possessions will be distributed in the way you set out in your will. It is the job of the executor or executors you named in your will to make sure this happens. There are legal limits as to how much of your property goes to which person, as set out in law in the. An executor can be a beneficiary under the will. In other words, the executor can also inherit under the will. After you die, somebody has to deal with your estate, by gathering together all your money and possessions, paying any debts you owe and then distributing what is left to the people who are entitled to it. If you leave a will before you die, one or more of the executors you named in your will usually has to get legal permission from the Probate Office or the District Probate Registry for the area in which you lived at the time of death to do this. Permission comes in the form of a document called a Grant of Representation. If you did not name any executors in your will or if the executors are unable or unwilling to apply for a Grant of Representation, documents called Letters of Administration With Will are issued. What happens if you die without a will or your will is invalid A person who dies without a will is said to have died 'intestate'. If you die intestate, this means your estate, or everything that you own, is distributed in accordance with the law by an administrator. To do this, the administrator needs permission in the form of a Grant of Representation. When a person dies without a will or when their will is invalid, this Grant is issued as Letters of Administration by the Probate Office or the District Probate Registry for the area in which the person lived at the time of death. In these cases, after debts and expenses have been deducted, the estate is distributed in the following way. The requirements of a valid will It is possible to draw up a will yourself or you can hire a solicitor to help you. These are legal requirements and if any of them are not met, the will is not valid. If you want to change your will after you make it, you can add a codicil amendment or change to your will; this codicil must meet the same requirements set out above. The format of the will You do not have to have your will in any set format. An attestation clause is not a formal requirement of a valid will, but it is advisable to include it in your will as it constitutes evidence that your will has been validly executed. What if the testator in unable to sign or make a mark? If you are unable to sign your will due to ill-health or illiteracy, it is acceptable for you to sign your will by means of a mark. If you are physically disabled to the extent that you are unable to sign or mark your will, it is possible for you to direct an agent or representative to sign your will for you. Your agent must sign the will in your presence and on your direction and your two witnesses must be present. You then adopt this signature as your own. The sound mind requirement In order to make a valid will, you must not only set out your wishes in a written and witnessed document, but you must also have, in the eyes of the law, the mental capacity to do so. It is your mental condition at the time you made your will is that legally relevant. If you suffer from any mental disorder, it is important that evidence is left with your will for example, from a doctor that proves you were mentally competent at the time you made the will. Otherwise, your will can be open to challenge. Your will can also be challenged on the basis that you were acting under pressure or undue influence when you made it so it is important that you get independent legal advice and not use the services of a solicitor of any potential beneficiary of your will. Changing or revoking your will If you want to change your will, you and your witnesses must sign or initial the will in the margin of the page beside the changes. You can also change your will in the form of a memorandum or written note that is signed by you and your witnesses that refers clearly to the changes. To change your will, you can also make a separate document, called a codicil, which is like an update added to the end of your will. This document, again signed by you and your witnesses, should set out clearly and accurately the changes you want to make to your will. These changes are then legally binding. However, if you plan to make a lot of changes to your will, instead of adding a codicil, it might be easier to simply revoke or disown your current will and make a new one, using the same procedures. It is always possible for you to revoke your will. This can only be challenged if your mental capacity when you revoked your will is called into question. Or, if you have someone else destroy it, your will shall be revoked, provided this was done in your presence, with your consent, and with the intention of revoking your will. These rights are set out below. If a couple is separated, a renunciation of each other's right to the legal right share is usually included in a separation agreement. Divorce or dissolution of a civil partnership, however, automatically ends succession rights. Cohabiting partners have no automatic legal right to each other's estates, although under the introduced by the a qualified cohabitant may apply for provision to be made from the estate of a deceased cohabitant. Cohabiting partners can make wills that favour each other. Children born inside or outside marriage and adopted children all have the same rights and there are no age restrictions. It is important to seek legal advice before making such an application. An application must be made within 6 months of the taking out of a Grant of Representation. Each case is considered individually, but it is important to remember that the legal right share of the spouse cannot be infringed in order to give the child a greater share of the estate. It can, however, reduce the entitlement of a civil partner. Gifts that fail Remember that any legacy or gift in your will could fail for many reasons. If this happens or if the beneficiary refuses to accept the gift, your gift goes back to your residuary clause, or if you do not have one a residuary clause, into intestacy. Your gift will not lapse, however, if the beneficiary who dies is a child or other descendant of yours, such as a grandchild, but whose child or other descendant is still alive. How wills are interpreted Most wills are not disputed, but if there is a disagreement, it must be settled in court. The court will give effect to the testator or will-maker's wishes as expressed in the will. The testator's wishes are derived or taken from a reading of the will as a whole, with words and phrases taken in their ordinary meaning unless they are technical words and it can be assumed the testator meant them to be taken in their technical meaning. Extrinsic evidence, or evidence outside the will, such as letters or notes that refer to the will in advance of its making, may be introduced to the court to explain more fully the testator's intentions and to help ascertain the true meaning of the will. Where two interpretations of a provision in the will arise, the court will lean in favour of the interpretation that upholds that bequest. Because wills can be disputed, it is important that you write your will in simple, straightforward language. Property abroad If you have property in other countries, it is generally considered advisable to make a will in each of those countries due to possible differences in succession law. Under , if you have property in another EU member state, apart from the UK or Denmark, you can direct in your will that the law of your nationality should apply to the property. Status of wills as public documents After probate has been taken out on a person's will, that will then becomes a public document and a copy of the grant and the will can be obtained by anyone from the Probate Office or relevant District Probate Registry using , which you can download from the on courts. The grant sets out the name and address of the executor or administrator of the estate and the name of the solicitor acting on their behalf if any. It also sets out the gross value and the net value of the estate. Detailed information about the estate is not normally available to the general public, however, certain people may be able to inspect the Inland Revenue Affidavit which contains the detailed information. Will substitutes Joint bank accounts or joint ownership of property are valid ways of deciding the fate of your assets in your own lifetime, but making a will can eliminate most potential disputes. Disputes can arise, however, if someone, perhaps an elderly person or a person with a physical disability, opens a joint bank account with a relative or friend so that the relative or friend can manage his or her finances for him or her. This is because the owner's intention may or may not have been to benefit the relative or friend. A decision in such a case would depend on the intention of the people involved, the amount they each lodged into the account and the terms of their contract with the bank. It is advisable for people with joint accounts to make clear in their contract with their bank or in their will what their intentions are for the money in such accounts. How to apply A solicitor will be able to help you draft a will or you can write it yourself. If you are an executor seeking probate, you may make a personal application for a grant of probate to the Probate Office or to one of. You should go to the District Probate Registry Office in the area where the deceased lived at the date of death. If the deceased lived at the time of his or her death in Dublin, Meath, Kildare or Wicklow or lived outside Ireland, application for a grant of probate must be made to the Probate Office in Dublin. What an executor or administrator must do to implement the will or the requirement of the Succession Act. Important information on your rights and making provisions for dependants.
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Protect yourself and the ones you love from dangerous predators, and to start investigating the custodes in your life today. The has selected court opinions from the US Appellate Courts, District Courts, and Bankruptcy Courts. The site gathers public records to make a custom background report on the people in your life. If you're visiting this site after hearing about the cellular directory we met, unfortunately it is no longer publicly available. You will not find everything you are looking for in one place; that's why we always suggest that you use a wide variety of sites and tools in order to find all the information that is possibly available to you. For said, you may be able to get some information, like a location or a profile photo. The 100% Free People Search Engine.
