Thursday, June 11, 2009

Wills And Probate

By Pri Vag

My father left all his assets to my 2 brothers and did not leave me anything, is there anything I can do?

As a child of the deceased, you are one of the people can make a claim against the estate under the inheritance (Provision for Family and Dependants) Act 1985. The grounds for such an application are that the Will does not make reasonable provision for you and it should.

Whether or not you will succeed in such an application would totally depend on all the circumstances including amongst other things whether or not your father made any gifts to you during his lifetime, whether or not your father had a good reason for not leaving you anything and so on. This is a complex area of law upon which you should always seek legal advice.

I have 3 Wills which one counts?

The last Will will always be the valid Will since the making of a new Will automatically revokes an older Will.

My husband and I both have Wills but they are different, what happens if we die together?

It is not really possible for people to die together. If you both died for example in an aeroplane crash where it was not clear who died first the law would automatically infer that the older died first for the purposes of the Wills. Obviously if it is obvious who died first no problem arises.

Why should I make a Will if I have no money?

Some people make Wills because they have minor children and they want to appoint guardians and give them parental control over the children. Also the Will operates on your date of death not on the date it is made. You may have assets when you die that you do not have now. - 16890

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