While most people would like to enjoy their possessions during their lifetime, there is a possibility of them not doing so. Should such untoward situation arise, how these possessions need to be distributed should be decided by the owner of the property referred in the will as the testator. Effectively, the testator gives recognition to dues, if any, to be recovered from his or her estate, and divides the property among other loved ones who survive him or her. These survivors are legally referred to as heirs and what they receive is referred to as inheritance. Note that such division of property may or may not be equal.
Why should a will be made?
Without a will there can be dispute among the loved ones, which is hardly something to look forward to. Wills can also be used to safeguard the interests of loved ones, and do effective tax planning in some countries.
Why do you need a solicitor to write a will?
There are two major reasons to avail of the services of a solicitor in these cases. First and foremost, the solicitor can help in identifying the possessions that were forgotten or not considered as property, and which can create disputes later on. Effectively, a solicitor assists the testators in coming up with a comprehensive list of assets, which can then be willed as the testator desires. Solicitors also guide their clients on how any inheritances should be treated in the will. Based on such information, the testator might want to vary the distribution of self-acquired wealth.
The solicitor also helps in writing wills in the most unambiguous manner so that there is no scope of dispute later on.
But wills are not merely about assets, wealth, and dues. The testator can also mention specific wishes that need to be fulfilled after his or her demise, such as where the person needs to be buried. Similarly, the will becomes the instrument for appointing guardians for minor children since the children aren’t competent to contract at the time.
Wills need executors, i.e., somebody who will see that the wishes of the person as mentioned in the will are fulfilled. This person should be trustworthy and the testator needs to find such a person. People usually appoint a trustworthy friend or relative. Such a friend or relative’s consent is necessary for the purpose. Alternately, professionals and solicitors are also appointed as executors. Fiduciary duty binds solicitors and professionals to do as bid.
Wills can also be altered or modified with a new will. Additions can be made to the will with codicil.
Solicitors help the testator with other formalities relating to the will. For example, a testator who writes a will in Kent may want to register the will. Wills can be registered and registering a will is always better, though at times wills and codicils may not be registered. Not everybody knows how to go about registering a will. Solicitors in Kent can help in such situations.