Establishing The Validity of A Will

The death of a loved one causes immense pain and grief for those left behind - particularly if it is unexpected. The unanswered questions, the overarching sense of disbelief, and the complete lack of comprehension as to why.

When someone has lived their full span of life and enjoyed a good old age, they tend to have had the time and foresight to make arrangements for their deaths. The will has been written and the formalities are in place to allow for a smooth transition of the estate by the wishes of the deceased.

Their friends and family can start their grieving process and learn to live with the memories of their loved one, content in the knowledge that they lived a long and happy life.

In the event of a tragic and unexpected death of someone who still had plenty of potentials ahead of them, that grieving process can be mired by the complications and legal entanglements involved in dealing with the estate of someone who had not had the chance to settle their affairs and who had a will that was out of date and did not reflect their current situation - or had no will at all.

Who inherits if someone dies without a will

If someone passes away having not taken the time to prepare a will, then they are described as ‘intestate’, and the distribution of their estate is, therefore, subject to the rules of intestacy. These rules protect those legally closest to the deceased - so if you are legally married or a civil partner and there are no surviving children, then the process is relatively simple and you automatically become the main beneficiary of the entire estate.

However, if there are children, grandchildren, or even great-grandchildren, and the estate is worth more than £270,000, then the goalposts are changed. In this scenario, up to £270,000 is inherited by the legal partner (through marriage or civil partnership), Any value beyond this is split 50/50 with the surviving children's descendants. 

Handwritten will be found in drawers - are they valid?

While a handwritten will found in the bedside cabinet of someone who has recently died may seem a romantic notion, the chances are it will be deemed legally invalid, and stir up a hornet's nest of trouble for the family left behind. If, for example, the deceased had a partner, with whom they were not married, then it could be reasonable that the partner has the right to inheritance - particularly if they have been together for quite a while. However, unless that will fulfill the criteria below, then that will is invalid and the estate is again considered intestate.

• Is the will properly signed by two witnesses who are both over the age of 18, having signed it in the presence of the deceased?

• Can it be demonstrated that the will be written under coercion?

• Can it be demonstrated that the will was written while the deceased was of sound mind?

Throughout the UK accessibility to a local will writing service - Birmingham, London, Liverpool, Cardiff, wherever you may be based - provides guaranteed validity for settling the distribution of your estate in the event of your death - this is particularly important if you are part of a blended family with a complex chain of dependents who all have some degree of claim on your estate. 

It will spare your loved ones from a large degree of uncertainty, upset, and resentment during a time when they will be going through enough pain dealing with the loss of someone they loved.