Mind At Rest Wills Blog

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Probate Explained

 Estate Planning FAQ Book

Probate Frequently Asked Questions

Taking care of a loved ones estate and financial affairs when they die can be complicated and confusing, especially at such an emotional and difficult time. Below are some answers to frequently asked questions about Probate.

What is an Estate?

A persons Estate is everything that they own including all of their assets and their liabilities.

Disputing a Will

Wills FAQ Book

Contentious Probate and Disputing a Will

The death of a Spouse,Partner, parent, friend or other loved one is always an emotional time and can sometimes be very stressful. Especially if their Will is challenged or if there is a dispute relating to their Estate.

How to tell if Property is owned as Tenants in Common

Wills FAQ Book

Nowadays more and more people are changing their home ownership from Joint Tenants to Tenants in Common in order to take advantage of Estate Planning Strategies that can help to protect their children's inheritance in the future.

One of the questions I am asked the most is "How to tell if a home / house is owned as Tenants in Common".

Useful Estate Planning Contacts

Image of estate planning legal words
Due to the potential pitfalls of do it your self (DIY) Will Writing and Estate Planning we would always recommend you seek the help and advice of a professional Estate Planner or Solicitor.

However if you are confident that you know what you want to achieve and feel you have the ability to carry out the process of protecting your estate for your loved ones by yourself, then you may find the following list of organisations that are often involved in the Estate Planning Process helpful.

Appointing an Executor in a Will

Legal Wills
An Executor is a person that you appoint in your Last Will and Testament to carry out your Will wishes and distribute your estate accordingly when you pass away.

Executors can also be beneficiaries of a Will and people often choose to appoint their spouse, civil partner or children as Executors because this can make life simpler when dealing with the winding up of your estate.

Wills and Unregistered UK Property

 Property Ownership Land Registry

Registered and Unregistered Property

HM Land Registry originally came to be in 1862 but it wasn't until the Land Registration Act came into force in 1997 that it became compulsory to register property in the UK. From this point on each time a property is purchased a Solicitor or Conveyancer is required to file documents with the Land Registry so the property ownership can be entered onto a public register.

Wills and Trusts Glossary

Wills FAQ Book

Wills & Trusts Commonly Used Terms

ADMINISTRATOR - Someone who is appointed by law to deal with the affairs of a person who has died. An administrator could be appointed because, the person who died did not have a Will or they had a Will but did not appoint an Executor or the person appointed as Executor does not wish to act.

ASSENT - Legal term for when property is transferred by Executors to a Beneficiary or Trustee.

Joint Property Ownership

 Property Ownership Land Registry

When two people purchase Property or Land in England & Wales, there are two ways in which it can be owned and registered with HM Land Registry these are as either Beneficial Joint tenants or Tenants In Common.

What is a Reserved Instrument Activity?

Resrved Legal Activities

Wills FAQ Book
The Legal Services Act 2007 states that certain legal services activities can only be carried out by providers that are regulated by approved legal service regulators that are monitored by the Legal Services Board

Excluding Someone From Your Will

 Coffin Question MarkThere may be a time when for whatever reason that you decide you wish to exclude someone from your Will.

In order to achieve this, a Deliberate Exclusion clause can be included in your Will as part of your requests and wishes.

By adding a Deliberate Exclusion to your Will, you can make it very clear that you did not wish a specific person or persons to benefit from the proceeds of your estate when you are gone.

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