A recent study has shown that Last Wills and Testaments can be more helpful than their initial design.  A will is meant to bequeath certain belongings to certain heirs.  It has always been an important factor in reducing family bickering regarding inheritance.  Wills also make it easy for the probate to end quickly and the inheritance to be spread about to the rightful heirs. 

This recent study regarding wills is showing they can be used for family history.  Most wills include a number of names and outline the relationships of those involved in the will.  In other words it will give an indication of ancestry.  Anyone who wishes to learn about their family could find public records such as wills to determine if they are related. 

A last will and testament will have the property in the first part and later the movable goods.  Genealogist Anthony Adolph states because people leave things to relatives most often in their wills it is a good map to see who the extended family is.  Scotland for example does not have wills, but they have testaments.  For example “Land was always inherited by the senior male heir,” thus in Scotland the property couldn’t be left to just anyone.  It had to be given to the oldest male. 

In certain cases of the past for a will to be a legal document it had to be proved in a court of probate. This has changed little, with the exception that a legal heir does not have to bother with probate if the will is straightforward.  They could simply take over the possessions and property.  All wills since 1858 have been indexed in a registry with the family division in London, which means anyone can look at the wills and learn about family. 

There are plenty of reasons you should create a will.  The main reason is to make your passing easier on your family, so that they do not have to deal with financial and legal matters.  Any estate is going to be probated for a time before money and property can be dispersed.  Courts and solicitors have to check the validity of a will.  For those who make their will and have it properly witnessed and notarised, your passing away can be easier on your family.  This article will discuss how you can stop issues with your will from arising in the first place to make your family’s grief easier to deal with.

·         Start a will when you are a young adult.  Children still living at home may not need a will, but anyone who has debts, property, and belongings they wish to leave behind should have a will.

·         Use a legally drafted document as your will, rather than writing your own.  There are sites offering solicitor drafted will templates one can use.  These templates spell out the laws and make it easier to save legal costs, especially if you are young and need to save money. 

·         If you do use a template you still need it witnessed by two people and notarised to ensure its validity in a court of law.  Furthermore, if you use a solicitor drafted document template you should have it read over by a solicitor.  There are some scam sites out there that can render your will ineffective if you make the wrong choice.  An invalid will can cause issues with your family and the estate dispersion. 

·         Keep your will in a safe place such as a home safe, safety deposit box, etc.  You should let your family know where it is located, but limit their access.  It is not unreasonable to be worried about will tampering by family members. There have been many cases where family members try to pass off an invalid will with the courts.  By limiting their access, you can ensure no issues rise regarding the validity of the will.

Your will is going to determine how your family is protected once you pass, in a financial sense.  Any property, belongings, or monetary inheritance you have to give should be outlined clearly and concisely to make probate work easier.  The Case of Anna Diaz and her last will and testament will show how important it is that you use proper documentation for your will, as well as get the proper signatures. 

Louis and Tristan Diaz are grandchildren of Anna Diaz.  They filed a claim in court to appeal a recent decision regarding the nullity of Anna Diaz’s will.  Her other grandchildren claimed the last will and testament provided to the courts was not valid on the grounds of no notary.  In court, two witnesses stated they did not notarise the will, nor write the will.  The court case was specifically about the attestation clause stating Tristan and Louis were to be co- executors. 

UK law states the creator of the will, or the person the will is about must sign the will with two witnesses and a notary.  If the person is not found competent to sign such a document other practices must be used.  The notary and witnesses must also sign the document to state the person signing the will was competent.  A date must also be placed on the document to show how current the will is. 

This case about Anna Diaz makes a very important point.  There are family members fighting over the will in court, with some stating they are co-executors and the courts and other family disproving them due to lack of proper witness and notary.  When you make your will it is imperative you follow UK laws and have the two witnesses and notary there to signify the validity of the will and your competence.  It can help cut down on any court cases and move the probate through much easier.  If you choose to use a will template from online, you should still have a notary and witnesses sign the document to certify its validity, as well as check that it was created by a solicitor. 

Probate Money is the cash left to any beneficiary of a will or last will and testament as it can be called.  The probated money is assets that cannot be given to the heirs until an estate settlement protocol has been completed.  To make the process move a little faster the deceased can set up trusts for the beneficiaries.  A trust is easier to get through the finalisation process than inheritance money left in a bank account.  It could actually take several years for probate money to be dispersed when it is not part of a trust.

Probate funds are also those created by selling probated assets.  For example, a home can be sold and the funds divided up between family members.  However, the money from the sale will still be in probate until the process is completed.  Other funds as part of the probate include life insurance, cash in a bank account, and other assets the deceased might have had. 

There are several factors in how property can be sold in order to get the cash.  First the type of asset is very important.  The value of the asset will also come into play for the sale.  Some UK states require court approval before the executor can proceed with the will and testament.  Before any property is sold legal counsel must be part of the proceedings. 

If an heir requires a loan on the inheritance before the process is complete they will have to adhere to probate laws.  Probate laws will differ from state to state, and legal counsel must be local.  The solicitor will need to speak with the executor of the will regarding the heir’s stake.  Guidance can then be provided in order to decide what course of action is best.

Property that is inherited can be used to secure a probate loan, as long as it is shown the heir has a right to the property.  The heir is not responsible for the repayment of the loan.  Instead investors will make a claim to the estate executor in order to get their payment.  The investors are also not paid until the probate has been settled.

Wills are important documents you should not ignore.  Facing our own mortality is hard, but a failure to make a proper will can leave your property in probate for many years.  Furthermore, it can cause family rifts, hardship, and is unfair to those you loved.  There are certain times you should change your will and certain methods to use if a change is necessary.

Reason 1: Changing a Will When You Sell Property

Have you recently sold your home?  Did you purchase a second home?  Did you recently purchase undeveloped property?  These three questions, if the answer is yes, would require you to change your will.  You want to remove any property you no longer own and add any new property you may have acquired.

Reason 2: Adding to the Family

Has your family suddenly grown?  You may have had another child or a new grandchild has come along.  It might be that you remarried and want to leave your new spouse with some of your estate.  At any time there is a new family member or a removal of a family member you should change your will.

Both of the reasons listed are typically considered major changes to your life.  You would need to change your entire will in most circumstances.  Unless all you are doing is leaving a small bequest that has never before been appointed, you want to completely remake your will.  After the new will is signed and witnessed, with the date, it will be the legal will.  The other can be disposed of.

Reason 3: Leaving a Piece of Jewellery to a Family Member

You just purchased a new gold and diamond ring.  You want a certain family member to have the ring.  In this instance you have a small bequest to make.  You can use a codicil for the minor change to your will.  The other bequests in the will are still in good standing, so you are not going to modify them.  A codicil makes it easy to add or change small details of a will.  Since the codicil is dated it will prove what the most recent will is.

To make any amendments to any current Will you will need a Codicil document.  Many people own a Will, it especially important if there are children involved.  the Will you draw up should sort out where your money, assets, property and other items of ownership should end up afther the person who had the Will drawn up passes away.  When there is a death, the family who are remaining have a lot of things to think about and sort out.  To make the burden easier on them it is a good idea to have a Will drawn up.  Since life will continue, you may find that a busy schedule doesn’t leave much time for you to draft a totally different new Will.

Codicils are perfect for when you need to make just a few small changes to the Will you currently have.  For example, you may have a new family member who you would like to be added, all you would need to do is fill out a Codicil and it documenting what the new member of your family will receive after your death.  Codicils can also help a great deal if you would like to make amendments, for instance, to your executors or take out small details.  A Codicil is as legally binding as a Will is, because all it involves is an additional page to the existing document.  It will also have the exact date it was drafted to show the most current information if the Codicil was used to show an amendment to the contents of the Will.

If you find that you have a lot of changes that will need to be made, we would advise that a new Will be created to reduce the confusion, should there be any, after your death.  Although it is still possible to add one more Codicil to your Will, they are a cost effective way to alter or make changes to your Will.  You will not have to pay an attorney to help with any of the new chnages you make.  After your death the Will and any supplementary Codicils shall enter into probate to start the proceedings to distribute your assets as is your wish.

Here we have a Codicil template ready for you to download and use.  It is very straightforward and can be saved on to your computer should the need arise for you to make use of it again.  Just remember that a Codicil is for use with small and minor changes.  If there are many things that need altering then it is sensible for your to start over and draft a completely new Will.  The document template used will have been drawn up by a fully qualified solicitor, so you can be  reassured that it is clear, legally binding and contains all the information that you are likely to need.

The templates available online are fully customisable.  The option is there for you to change anything in the documentation if you would like to, and if you’d rather just fill in the blank spots, print it and sign it and have your witness sign it, that option is there for you too.  Ideally your witness shoudn’t be a family member, to make your wishes totally clear.  If you need any more information regarding different legal documents, please visit a Wills section online today.

At some point everyone will create a Will to determine who their heir is and how they wish their possessions to be divided up.  Life changes, sometimes at an alarming rate, where you may sell a possession or property.  You may also gain a new possession or property that you wish to add to your Will.  For minor changes to a Will you may not need to completely redo the Will.  Instead, you can make a Codicill to the Will.  A Codicil is a legal document allowing you to change an existing Will.

A Codicil should not be used if you are making large changes.  It is best for a small change such as adding a family member to the Will or removing a piece of property you just sold. Large changes like modifying who is the executor of the Will or who will inherit the majority of your holdings will need a new Will.

The Codicil template offered here is a general document. It has the legal wording required of the Codicil, but you can enter the specific property or possession and the person inheriting said object.  The Codicil must also be dated.  By dating the Codicil the executor of the Will can determine what aspects are the true Will.  If you have a lot of Codicils it can be confusing, unless you date them.  Also, if you have quite a few Codicils regarding the same possession you may want to change the entire Will to help the executor manage the reading of the Will.

By using the document supplied here you do not have to go to a solicitor every time you have a minor change to your Will.  This allows you to save a little income for more important matters.  The template can be downloaded and saved to your computer allowing you to reuse at any time.  You can also save the changes you make, leaving the blank template available for the next time you need to use it.  Simply fill out the blank areas, print it out and sign it.  You should also have a witness to make the document completely legal in the courts.

A mirror will is a joint will whereby you and your partner can make a joint will that operates as a mirror version of one anothers.  It’s a convenient way of ensuring you each have in possession a valid, legally enforceable will that is also the same as your partners.  A mirror will can be used by those who are married or in a civil partnership. A mirror will can be easily and cheaply obtained online in the form of a template.  Such a template can be easily customised to suit you and your partners individual and personal requirements.

The use of legal document templates is becoming increasingly popular in the United Kingdom and is a market that has long been established in the United States.  The reason templates are becoming so popular is due to their cost effectiveness incomparison with often expensive high street solicitors fees.  Also, on many of the good quality websites, you can simply email any query you may have relating to the template to the website administrator or online helpdesk, or you can simply use the free online guides that are available fordownload and provide a step by step guidance, information and advice on how to complete your legal document template to ensure that it has been filled put correctly to make it legally binding and consequently legally enforceable.  A Will that has not been witnessed will be instantly legally void as it is a requirement of the will-creating process that a will or codicil is to be signed and witnessed by at least two independent witness.  Further to this, a witness will be unable to take any such gift created for them under the will in which they have acted as witness.  This is to safeguard the Testator (the creator of the will) from being pressured into creating a will or giving certain people particualr things under their will.  If the a witness is left a gift under a will to which they have been a witness, their gift shall be passed to the remainder of the state and redistributed to another.
The importance of having a will is often understated.  It is fundamental to have a will in place.  If you do not have a will, friends and relatives will be unable to take from your estate those gifts, property, money etc you wished for them to have.  Also, it will be highly likely that your estate will wind up with the government if left unallocated. Be safe, protect your wishes and purchase a Will today!

A Will is a legal document that sets out the intentions of a person in relation to the distribution of their property and affairs after they have died.  Assets including property, money, possessions may be left to any such person or charity as desired.  Failure to write a Will shall most likely result in the State taking all the deceased assets, as no one will be able to have knowledge of how the deceased deemed their assets to be shared out.

A Singe Will outline the intentions of an individual, i.e. a person who is not married or whom does not wish to have a Joint Will with a partner.  All information regarding assets that are to be passed on to others as gifts will be documented in the Single Will.  Cars, financial information, homes, ornaments, clothing, etc, can all be included in the Will.  A person can place within their Will as little or as much as they wish, however it is best to be as thorough as possible.

The Single Will can assist in outlining your belongings, so that your family, offspring and friends do not have to cope with the upset of your death nor with your estate. It makes it easier for those you leave behind.  The Single Will needs to be signed and witnessed by at least two witnesses whom are not related to you.

Should you require the court to enforce your Will, perhaps you are not sure whether you Executor will be trustworthy, the estate shall be placed into probate to make sure your wishes, as stated in the Will, are met.

Since the famous US case of Terri Schiavo, people have begun to understand the importance of having a Will in place. As the taboo on discussing death is becoming lifted, changes to the conduct of individuals creating Will has been vast.  Living Wills have become a thing of the norm, with many people being able to use these documents to set down their wishes if they were, for example, comatose or otherwise unable to communicate their wishes.  This is especially useful for unmarried couples, who would not have the authority to fulfill their partner’s wishes if their partner was on life support as the authority would pass to their parents, sibling or other next of kin.

Video Wills becoming popular due to the account in 1990 when Schiavo sustained severe brain injuries. She died by the request of her husband who requested that the court act as her surrogate in making decisions regarding her life support machine, rather than him challenging an actual decision that had been made.

Since then, there have been some requests for Five Wish forms in the US. On the same day, the requests started around 50 to 100 and shot up to 6,000 requests.

The Living wills provide people with the ability to tell others how they want to be treated medically during their last moments on Earth. Some wills are basic one-page documents while other wills include a collection of detailed pages, which provide precise and direct information about which medical treatments to use in the event a situation occurs like Schiavo’s case.

Since living wills are considered extremely flawed due to the generalized details in the will, and because most wills are not followed, there has been some questions raised as to video Wills. Most people agree that the wills should comprise of documents that include specifications that have been designated to be a health care proxy. In the Will, there should be a designated party who can make sound decisions for the person who may have become incapacitated.

 Statistics

According to online statistics out of 70,000 people, only 100 may create a Living Will. Out of that 100-census count, few will create the Will in a way that it stands up in courts in the event issues rise. According to the latest news, most children will not approach their parents and ask them what they want to happen if they cannot speak for themselves. Likewise, most senior parents will not approach Will writing; instead, they think that their children will sort things out for them.

On that note, some people are wondering if video Wills will inspire people to create a Will that defines how they want to be medically treated in the in event the person becomes incapacitated.  Some people are suggesting that creating a Video Will may inspire others to create a solution to solve the problems we see today, i.e. lack of will creation.

Video wills present questions as well. Some legality is considered in that some people are suggesting that the Videos will not stand up in the courtroom. Yet, the Wills may be used in conjunction with Living Wills that have been written in the courtroom. The judge may deem the Video as an aid that helps him to decide the best interest of the incapacitated.

In conclusion, some people are suggesting that because Wills – why are video Wills becoming popular – because these wills are becoming popular, people may take Will creating more serious.