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Wills and Probate Month

This month SNS Solicitors from Maidstone have had a theme of wills and probate on our social media. We have rounded up the commonly asked questions that we have been answering on social media throughout February in this blog.

What are intestacy rules and how do they work?

Intestacy rules are a statutory set of rules that will be enforced if someone dies intestate. The estate will be divided according to these rules. If a person dies intestate there is no consideration of what the deceased’s intentions would have been, unless of course the intention was to die intestate.

What does it mean to make a will in contemplation of marriage?

The ‘in contemplation of marriage’ clause means that if an individual is expecting to marry a specific person then then marriage will not void the will when those two people marry. The testator should be expecting to marry a specific person when the will is executed, and they must intend for that will not to be revoked by the marriage or the formation of a civil partnership.

Does getting a divorce impact your will?

Divorce will not revoke your whole will. However, your will takes effect as if the former spouse died on the date of the decree absolute. This could cause problems if the former spouse is named as an executor in the will, or if they are a major beneficiary of the will or if gifts are left to ‘step children’. It is a good idea to revisit wills after a divorce.

How can a solicitor help couples make a will?

A solicitor experienced in will drafting is likely to be able to raise issues and considerations that would not be immediately apparent to couples who have less experience in will making and may be unaware of some of the problems that can arise from overlooking matters which an experienced eye would find too obvious to miss. A small investment in professional help can result in considerable savings to the estate should an important clause be overlooked or if the will is open to challenge because of a lack or certainty or because the will overlooks a dependant.

How does getting married or entering into a civil partnership affect your will?

Getting married or entering into a civil partnership in England and Wales is likely to void any legally valid will you have previously made unless that will includes an “in contemplation of marriage” clause naming your spouse or civil partner as a beneficiary. The only way the ensure that your intentions are carried out after your death is to make a will. SNS Solicitors from Maidstone are happy to have an informal chat with anyone who wishes to find out more about making a will.

If you would like to know more about any of the above questions or have you own questions about wills and probate, please contact SNS Solicitors today for a friendly and informal chat.

SNS Solicitors

Phone: 01622 238 850


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