Wills/Probate
SHERGILL & CO.
SOLICITORS & NOTARY PUBLIC
22 BATH ROAD, HOUNSLOW, MIDDLESEX TW3 3EB TEL: 020 8570 2323 FAX: 020 8570 7801 DX 3534 HOUNSLOW
Wills: The Importance of Making a Will
People very often imagine that all they need do to make a will is to write down on a piece of paper what they want and to sign and date it. Nothing could be further from the truth. The formalities involved in making a will are very technical and they can, and do, frequently trip up amateur will-makers. The results of apparently simple mistakes can lead to costly litigation which can very easily be avoided when the will is originally drafted. These are by means the only formalities attending the making of a will and, indeed, the necessary formalities can vary according to the circumstances.
There are also rules about beneficiaries and spouses of beneficiaries acting as witnesses to the will. All in all, the process is by no means straightforward and it is a very foolhardy person who relies upon a homemade will. Incidentally, it is approximately only one adult in three who has a will which is a surprisingly low figure considering the benefits that a will can provide at normally very modest cost. At Shergill & Co. we have the experience to handle all that you may require.
Whether these formalities should be so technical is, of course, debatable but so long as they exist it is sensible to have any will professionally drawn up and not to attempt to do it yourself. One such formality is laid down by section 9 of the Wills Act 1837 and it will give a flavour of what is involved: "No will shall be valid unless: it is in writing, and signed by the testator, or by some other person in his presence and by his direction; and it appears that the testator intended by his signature to give effect to the will; and the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and each witness either - (i) attests and signs the will; or (ii) acknowledges his signature, in the presence of the testator (but not necessarily in the presence of any other witness), but no form of attestation shall be necessary."
Probate: Administering the Estate of a Deceased Person Where there is a Will
In England and Wales probate is the formal process whereby an executor (or executors) of a will obtain the formal document which is needed in order to deal with the estate of the deceased. Very often probate is obtained by a solicitor acting on behalf of the executors but in simple estates or ones of low value there is no reason why it cannot be done by the executor acting personally. An executor should, amongst other things, be chosen for his or her business like qualities and so obtaining probate in a simple estate should be within the competence of most people. Although probate is sometimes contested and that will lead to a formal hearing by a court the vast majority of cases are uncontested and obtaining the grant of probate is more of an administrative matter than anything else. If the testator did not leave a will and died intestate then the next of kin will apply for "letters of administration" rather than probate but the process is basically similar.
In most cases the executor has to swear an affidavit (known as the executor's oath) which sets out the fact of the testator's death and various matters such as the value of the estate etc. This needs to be lodged with the Probate Registry together with the original will, the probate fee and, depending on the value of the estate, an Inland Revenue account. If everything is in order, the grant of probate will be made within ten days or so. In straightforward cases the executor can easily make the application himself and the staff at the Probate Registry are usually more than willing to explain the procedure involved and, indeed, on payment of a modest fee, even help draft the necessary affidavit.
This firm is regulated by the Solicitors Regulation Authority (SRA No:75153) Members of Immigraion Law Practitioners' Association
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