Wills FAQs

An Executor will need some help along the way but a professional Executor can make the whole process a lot simpler for all those concerned. You don’t have to worry about family members carrying the burden of your estate and can have peace of mind your estate will dealt with efficiently and professionally. You should also bear in mind that it is often beneficial to have an impartial Executor to avoid disputes between Executors which could cause administrative problems and delays.

You can appoint ML Wills on their own, with another family member or as a substitute in the event of there being no one left to administer your Will.

Making bequests – you can leave money to people and charities alike and for whatever sums you request. You can also give away your valued or sentimental possessions to those you wish.

Guardians – If you are the last surviving parent with parental responsibility you need to appoint a Guardian to ensure your children are looked after.

You must Know and Approve your Will

The definition of capacity when making a Will is that in simple terms you know what assets you have and that the Will distributes those assets. You must also be aware of those who may potentially claim or anticipating benefiting under your Will. Should a dispute arise medical evidence may be needed to verify the capacity of the person making the Will.

A Will can be executed during a person’s lucid state of capacity but experience shows most hospitals and nursing homes have strict rules preventing employees, nurses and doctors preventing them from witnessing a Will.

It’s even possible for a patient under the care of the Court of Protection to do a statutory Will.

What’s paramount is that the Will writing process is not jeopardised if the Will is written out by a main beneficiary regardless of the fact the witnesses are independent from the Will itself. This is because suggestions of pressure and undue influence could arise.

If there are ever doubts as to mental capacity of any testator, the only way to proceed is to obtain an assessment from the testator’s G.P or medical advisor and if necessary have them act as a witness to the Will to remove any doubts as to capacity when the Will is executed. This is not as easy as it sounds and often depends on the health of the testator.

Undue influence

Undue influence is very hard to prove as just because someone is close to the testator it does not automatically mean there has been coercion. The most common problem is where someone close to an elderly testator such as a carer or family member who solely looks after the person proposes that they should make a Will. That person makes a Will and in recognition of the care that person provides they leave everything to the carer. In those situations it’s appropraite for the person making the Will to visit a solicitor to take independent legal advice and ensure there is no influence.

Those who contest a Will on such grounds of undue influence must show that the testator was coerced into making the Will either through intimidation or fear.

Exclusion of an individual

There is always potential for a dispute, for example not benefiting one child the same as another or varying the shares may result in disappointed beneficiaries. As such those disgruntled beneficiaries may contest the estate and are advised to take independent legal advice straight away.