THINK! (about your Will)
Written by Claire Thompson | Wills, Trusts, Tax and Probate team |12 July 2023
The ongoing saga of Aretha Franklin’s estate raises two keys points that any person who is creating a Will should keep in the forefront of their mind; How do I make sure my Will is valid? and How do I make sure my Will is found?
After Ms Franklin’s death, a number of Wills were located at her home but each of these is being contested.
Under English law, a Will must be in writing, signed by (the person making the Will) and the testator’s signature must be witnessed by two people who are present at the same time. There are further restrictions on who can and cannot act as a witness. In the event that the testator cannot physically sign then further procedures apply.
Even if the Will is correctly signed this does not automatically mean that the Will is valid.
The Testator also need to have knowledge of and approve the content of the Will, they must not be under any duress or undue influence and, of course, must have the necessary mental capacity to create a Will.
Once a valid Will has been created the next step is to ensure that it can be located after you pass away. If a Will cannot be found there is a legal presumption that the Testator has revoked it by destroying it and it can be difficult, time consuming and costly to prove that this wasn’t the case.
When Ms Franklin originally passed away it was thought that she had died intestate (without a Will) because her Will could not be found. One of the documents that was eventually found at her home was under a sofa cushion and could easily have been missed. It was this document that a US jury recently confirmed was a valid Will.
If you are in the processes of creating a Will then contact Nash & Co’s Private Client Team. Our experts will not only ensure that your Will is legally valid but will provide you with a bespoke Will to fit your individual circumstances. Nash & Co can also store your Will in our strong room (at no additional cost) giving you peace of mind that when you pass your Will is readily available and ensures your loved ones are protected.
Speak with our Wills, Trusts, tax and Probate team
Our Wills, Trusts, Tax and Probate team are all highly experienced, qualified and extremely knowledgeable. Client service is extremely important to us here at Nash & Co Solicitors, and we’ll always explain the process, ensuring you understand everything, before progressing.
Give the team a call on 01752 827076 or you can also ask us to give you a call by filling in the Call Back Request Form on our Contact page.
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