Wills and Intestacy - Things to Consider
No one wants to consider the possibility of their own demise, the inevitability of life. The hard truth is everyone dies and just about everyone leaves loved ones behind. Even if you have no significant estate to leave to your family you should consider the use of a financial ad visor and a solicitor to draw up a will. A will is not only something that sees the division of what worldly possessions you leave. Wills serve a number of purposes. They determine how you want your remains taken care off. They list all your final wishes.
More importantly is the fact that if you die without a will your estate falls under the intestacy laws. This means that the courts decide the division of the estate despite what your wishes may be. The laws which govern wills and intestacy are fairly strict when it comes to the percentages and who gets what and in what order. The Laws of Intestacy do not cover if you were estranged from certain family members for instance. This is why it is important to have wills and intestacy handled by professionals.
Another thing to consider is the fact that wills should not be in any way done on your own. It is important to have a solicitor handle the creation of your will in order to ensure that everything is laid out properly and within the law. Otherwise you may end up with a will that is meaningless and an estate that falls under Intestacy.
The law of Intestacy replaced the rules of succession and are involved in forced heirship rights. Usually this is the legal next of kin if there is no designed or no legal next of kin in these cases the estate with escheat to the government. In other words, the government could claim the rights to the entire estate. In order to prevent this from happening and to make sure that your will is not contested between your heirs you need to have wills and intestacy documents drawn up and these issues covered so that you can have the peace of mind to know that your estate will be divided according to your wishes and that your final wishes are carried out in an appropriate manner.
There are also matters of inheritance tax to consider when placing a will together this is why it is important to have someone with knowledge of the regulations and legislation handle the paper work. Some people may want to save money by doing it themselves but unless you have intimate knowledge of legal procedures it is best if you avoid doing this especially with estates of any significant value.
Handling wills and intestacy are not just for when you are gone from the world. You may also find that you need assistance in carrying out your wishes when it comes to serious illness. If you fall prey to a serious illness which prevents you from being able to handle your own affairs and make decisions on your own who will look after you? Who will handle your estate and ensure that you and your family are taken care of? This is what a will can do even if you have not passed away.
A will can also determine who is responsible for the distribution of the estate and any trusts that you may have. While it is common to have separate trust fun agreements it is not uncommon for these agreements to be included in the will. This is why you should have a financial advisor who is familiar with the handling of taxes and distributions of funds to help you to set up the financial aspects of your will. Once you have done this it is easy to obtain the services of a solicitor that can provide you with the legal documentation necessary to back up your wishes.
Having a will and dealing with your final affairs is life house keeping. You would not leave your house a mess and you should not leave your financial affairs and the future of your estate a mess either. Take the time to consider every aspect of your estate when these assets can be released from your estate as well as who will handle affairs if you become unable to handle them yourself or for after you pass away. Also make sure to have a solicitor review, revise or write up your will in order to ensure that it is clear and concise.