Changing a Will After a Loved One has Passed Away You may assume that if a relative made a Will their wishes cannot be changed after their death. Strictly speaking, that isn’t correct because, after the death of a loved one, you may be able to change their Will by entering into a deed of variation. In this blog, private client solicitor, Chris Strogen looks at when you can vary a Will and the advantages of doing so. For expert advice on making a Will or for advice on a deed of variation call our team of specialist Will lawyers or complete our online enquiry form. Changing a Will after death A Will can be changed after the death of the person who made the Will by entering into a deed of variation or a deed of family arrangement. A private client solicitor can advise you on whether you can do this and if it is a good option for you. For example, it may be inheritance tax efficient. Who can vary a Will after death? Whether you need the agreement of the executors and the other beneficiaries in the Will to the proposed variation of the Will depends on what you want to change. In some situations, you don’t need the agreement of anyone else and only you will need to sign the deed of variation. A private client solicitor can explain the process when they know what you want to change in the Will and why. [related_posts] Can you change the intestacy provision if the deceased did not make a Will? If the deceased died intestate (without a Will) you can change the intestacy provisions by signing a deed of variation. Who needs to sign the deed depends on the nature of the variation. A deed of variation can be particularly helpful if the deceased was in an unmarried relationship. Under intestacy rules his or her partner will not inherit. Instead, the deceased’s parents receive a share of the estate or more distant relatives. In some families, the family may want to change this so the deceased’s unmarried partner receives all or a share of the estate. When can you sign a deed of variation? The rules say that the deed must be signed within two years of the date of death. If you are contemplating making changes to the Will of a family member or friend it is best to speak to a private client solicitor about the proposed changes as soon as you can do so. The benefits of a deed of variation There are many reasons why a deed of variation might be a good idea, including: The Will has left out a family member by mistake. For example, by naming 2 of 3 children in the Will as the third child was born after the Will was signed. The testator should have either changed their Will on the birth of the third child or preferably (to avoid the issue in the first place) left the estate to any children alive at the date of the testator’s death and if more than one in equal shares The Will is a DIY Will and is not inheritance tax efficient. For example, if the husband had left the estate to his wife, then the spouse exemption would apply, and no inheritance tax would be payable on the death of the first spouse. With a deed of variation giving the estate to the wife, she can then give money to the children. Provided she survives for at least 7 years the gift is IHT free There is a Will dispute and the Will is being challenged or a claimant is saying that intestacy rules do not provide them with reasonable financial provision. If it is accepted that the claimant is likely to receive a share of the estate if their claim goes to court it may be sensible to vary the Will. For example, if a couple were in an unmarried relationship for 20 years but the deceased never got around to changing the Will that he made 30 years ago In an ideal world, people would ensure that their Will is reviewed and up-to-date, and tax efficient before they pass. However, family, work, and other commitments can all get in the way of estate planning. That’s why a deed of variation may be the solution to your situation. For expert advice on making a Will or for advice on a deed of variation call our team of specialist Will lawyers or complete our online enquiry form.

If you aren’t a Cheshire Will solicitor you may not know where to start with making your Will. In this blog, we look at how to make a Will, something that we should all do to protect our loved ones. For expert advice on making a Will call our team of specialist Will lawyers or complete our online enquiry form. Why you should make a Will It is easy to keep putting off making a Will because you have too much to do or you aren’t sure what to put in your Will but a Will is something that we should all have, whatever our age, state of health, or personal or financial circumstances. If you die without making a Will then you or they die ‘intestate’. The law says where your money or estate goes to. The list of beneficiaries is set out in a statute and cannot be changed to suit your family circumstances or to do what you would have wanted if you had made a Will during your lifetime. For example, you may not have wanted the majority of your estate to go to a third wife but instead to a cousin that you were close to and who had been there for you throughout your life whilst your third marriage was of short duration. Alternatively, you may want to leave your estate to your grandchildren, skipping a generation and not leaving your money to your children. What do I need to make a Will? You don’t need anything to take the first step of making a Will as a Will solicitor can either talk you through the information that they need to prepare the Will for you or if you prefer, they can send you a Will questionnaire for you to complete. The main things that a Will solicitor needs to know to advise you on your Will and prepare it for you are: Roughly how much is your estate worth – you don’t need to get anything valued as all your Will solicitor needs is a very approximate ballpark figure so they know if inheritance tax will be relevant to your estate Whether all of your assets are in the UK – if you own property overseas then you may need another Will to cover your overseas-based property Whether any of your assets are jointly owned – if you own property jointly, for example, with a wife, husband, or civil partner, then your share in the property may pass outside of your Will unless you sever the joint tenancy and convert it to a tenancy in common Whether you have any dependants – a dependant could be a former husband or wife who is receiving spousal maintenance from you, a child receiving child support, or an adult child who is financially reliant on you, or your cohabitee or partner. Whilst you can leave your estate to whom you want as there is no legal requirement to leave all or a share of your estate to your dependants or family members, a Will solicitor can advise you on the prospects of a dependant trying to contest your Will and how to reduce the risk that your Will might be contested Whether you have any children or planned beneficiaries under the age of eighteen – if you do then you may want to consider the appointment of testamentary guardians in your Will for your children. You will also need to consider leaving money in trust for your children or minor beneficiaries The planned executors of your Will and beneficiaries- if you haven’t made any final decisions about your choice of executors (the people named in your Will as responsible for administering and distributing your estate) then don’t worry as your Will solicitor can discuss your options, including the appointment of family members, your private client solicitor or another professional as executor. When it comes to beneficiaries, your Will solicitor can talk you through your options and make sure that your Will is as ‘future proofed’ as possible so that if, for example, you want to leave all your estate to your husband or wife or a share of your estate to an older sibling there are ‘substitution gifts’ in your Will. That means that if your spouse predeceases you their legacy is shared (for example, between your children or in the case of your sibling between your nephews and nieces). Alternatively, the gift can fall back into your estate and form part of the legacy to your residuary beneficiary or beneficiaries [related_posts] When to make a Will Will solicitors say that it is never too early to make a Will or, if you have an existing Will, it is equally important to make sure that the Will is up to date and still reflects your circumstances and wishes. At any important life event, you should consider making or changing your Will. Life events include: Buying your first house – whether on your own or jointly with a partner When you get engaged to marry or enter a civil partnership When you sign a prenuptial agreement When you have children or adopt a child If you separate or divorce from a husband, wife, or partner If you form a new relationship or remarry If you suffer from ill health On retirement If you receive a legacy or inheritance. There are many other scenarios when you should consider making or changing your Will, such as the death of a beneficiary or an executor to your Will. Making a Will can be a very positive experience for you because: It makes you feel that you have taken steps to protect family members and loved ones You can say whom you would like to administer your estate through the appointment of executors of your Will You can safeguard young children with the appointment of a testamentary guardian You can use your Will and estate planning to minimise your estate’s liability to inheritance tax.  How to make a Will The easiest way to make a Will or to change an existing Will is to speak to an experienced private client and Will solicitor. They can look at your goals and objectives and work out how best to achieve them. This may include: Lifetime gifting Inheritance tax planning Lifetime trusts Trusts created in your Will and the flexibility and guidance issued to your trustees with discretionary trusts The structure of legacies and the disposal of your residuary estate Contingency legacies so, for example, a grandchild or children, will receive a legacy instead of their parent if their parent sadly passes away before you do so. Carefully drafted contingency legacies mean that your Will doesn’t have to keep being rewritten on the birth of a new grandchild How to try and ensure that the Will isn’t contested by a dependant leading to litigation against your estate. This can be achieved by carefully assessing what, if any, dependency claims can be brought against your estate and how to minimise the risk of a successful claim  How long does it take to make a Will? The role of a private client and Will solicitor is to make the Will process as simple for you as possible. It is possible to make a Will in a matter of hours but you may, depending on your family circumstances, want to reflect on private client and Will advice before finalising your Will. Your Will isn’t effective until it is executed. That involves your signing your Will witnessed by two witnesses. The best way to make a Will is to take the step of picking up the phone and speaking to a friendly and approachable private client and Will solicitor about your options so that you can achieve a well-drafted Will that protects your family and gives you peace of mind. For expert advice on making a Will call our team of specialist Will lawyers or complete our online enquiry form.

Where there is a Will there is a way, well that is the old adage. It isn’t always true though. That’s because if you are writing your own Will mistakes can be made that aren’t immediately obvious. Sometimes it is only when a Will solicitor is reviewing a handmade Will, or applying for probate to sort out an estate, that the problem is discovered. For expert advice on Wills and probate call our team of specialist probate lawyers or complete our online enquiry form. Will writing and avoiding mistakes When people give instructions on their new Will most are concerned about getting the addresses of executors and beneficiaries correct without realising that their proposed Will doesn’t actually do what they want. If the problem isn’t spotted before their new Will is finalised it could cause massive heartache for the family. One common example of Will writing mistakes and the importance of getting the wording in your Will right is leaving your estate to your ‘children.’ You know what you mean by your children but legally your estate will go to your biological children, excluding a much-loved step-child whom you may have brought up as your own and never intended to exclude from your Will. The same sort of problem can occur with grandchildren when your children’s relationships are complicated and you have a number of children in your family who are not biologically related to you but whom you view and treat as your grandchildren because you are so close to them. When a Will solicitor is writing a Will it is important to understand family dynamics to make sure that the wording in your Will reflects your family circumstances and your wishes. You may think that a Will mistake can be sorted out by your executors but that involves all interested beneficiaries agreeing to the change and extra work by the probate solicitor. Alternatively, if the excluded relative has the grounds to do so they could challenge the Will and make a claim against the estate. That can be expensive and time-consuming and the last thing that the Will writer anticipated when writing their Will. [related_posts] Will solicitors can't over-emphasise how important it is to consider your family circumstances when writing a Will. For example: If you are in a cohabiting relationship with your partner, they are not legally your husband or wife and so should not be referred to as your spouse in your Will. You may still have a legal spouse if you have not finalised the divorce proceedings and obtained a final order of divorce If you leave your estate equally between your children and one passes away before you do so then your remaining children will inherit your estate. That means your grandchildren from your late child will miss out and will not get a share of your estate even though their cousins will eventually inherit a share of your estate via their parents Leaving money to named children can be a problem if you have any additional children because they will lose out unless you change your Will when they are born. With the work that comes with a new arrival, it can be easy to forget to review and change your Will. A Will solicitor tries to avoid this sort of problem by naming any non-biological children but also ensuring that the definition of biological children includes any additional children you may have Giving a specific legacy to a beneficiary can result in Will problems as you may not own the specific asset at the date of death. That means the beneficiary gets nothing even though that is not what you intended as you simply forgot to review your Will when you sold the specific asset or the property creating an unfair result for the named beneficiary Leaving a large legacy to one person before giving your residuary estate to relatives can be an issue. If the legacy is large you need to continue to review your Will provisions because if, by the date of your death, your estate has reduced in value (for example because of care home fees) your entire estate may be eaten up with the large legacy to an old friend leaving your residual beneficiaries with little or nothing because the old friend’s legacy has to be paid before the residuary beneficiaries receive anything You may think that Will errors and wording mistakes are exceptionally rare but that isn’t the case. Our experience as solicitors who specialise in preparing Wills and helping families sort out probate and legacies after loved ones have passed away say that it is surprisingly common for mistakes to be made in Wills. Most people think their financial affairs are straightforward and so problems won’t crop up in their Will but sadly homemade Wills don’t always do what the Will writer wanted and may cause a lot of extra grief when the Will writer passes away. Get advice from a professional when preparing a Will can save you and your family a lot of money when your estate is sorted out. The cost of getting your Will prepared by a specialist Will solicitor can also save you money during your life as your Will may not need to be changed as often. What’s more the cost and speed of getting a professionally prepared Will is often a lot less than you might think and gives you and your family peace of mind. For expert advice on Wills and probate call our team of specialist probate lawyers or complete our online enquiry form.

Do you have a Lasting Power of Attorney? Everyone needs a Lasting Power of Attorney and no one can afford to not have one in place. Sadly, most of us don’t realise how important a Lasting Power of Attorney is until there is an accident or decisions need to be taken to help an elderly relative. For expert advice on Lasting Powers of Attorney call our team of specialist LPA lawyers or complete our online enquiry form. What is a Lasting Power of Attorney? A Lasting Power of Attorney authorises nominated members of your family and/or trusted friends to act on your behalf if you are not capable of making your own decisions. There are 2 different types of Lasting Power of Attorney: Health and welfare – this type of Lasting Power of Attorney allows your nominated family or friends (called attorneys) to make decisions about your medical treatment and care needs if you are not able to do so because you lack capacity Property and financial affairs – this type of Lasting Power of Attorney allows your attorneys to manage your financial affairs (for example to manage your bank account, pay bills, or sell your house) if you lack the capacity to make your own decisions You can do one or both types of Lasting Power of Attorney – the decision is yours. The Lasting Power of Attorney is registered with the Office of the Public Guardian. A health and welfare Lasting Power of Attorney won’t be used unless there comes a time when you lack the capacity to make your own decisions. Provided you have the capacity you can cancel a Lasting Power of Attorney or nominate new attorneys. Do I need a Lasting Power of Attorney? Most people think that an elderly relative might need a Lasting Power of Attorney but don’t think that they need one. However, no one knows when you might need an attorney to quickly act for you, either temporarily (after a ski or car accident) or permanently. That is why everyone needs a Lasting Power of Attorney to cover the what-ifs. What you can’t do is wait until you or your relative has lost capacity (either as a result of an accident, health scare, or dementia) and then ask an LPA lawyer to prepare a Lasting Power of Attorney. To give an example of why a Lasting Power of Attorney is important take the example of a business owner, keen on winter sports and skiing off-piste, who was separated from his wife and living with a new partner. If he were to have an accident and lose capacity then without a financial Lasting Power of Attorney his business might quickly get into trouble as there would be no one with the power to handle matters temporarily (to pay bills and salaries) or long term basis (to employ a manager or sort out a sale of the business). Without a health and welfare Lasting Power of Attorney, the man’s next of kin would be his estranged wife, rather than his girlfriend, parents, or siblings. Lasting Powers of Attorney are essential to give peace of mind. [related_posts] What happens if there is no Lasting Power of Attorney and capacity is lost If capacity is lost before a Lasting Power of Attorney is in place an application can be made to the Court of Protection for a deputy to be appointed to look after the affairs of the incapacitated person. The appointment of a deputy costs more in legal fees than drawing up a Lasting Power of Attorney. In addition, there is likely to be a delay between the Court of Protection application and the appointment of the deputy. During that period your friends and family won’t be able to access bank accounts to help manage your financial affairs and pay essential bills or make health or care decisions for you. A Lasting Power of Attorney is a bit like a Will; everyone needs one at any age, even if none of us like to think of accidents, dementia, or death. How much does a Lasting Power of Attorney cost? A bespoke Will and Lasting Power of Attorney drawn up by an experienced and regulated solicitor isn’t as much as you might fear. Very few law firms publish price information on their websites. Evolve is one of the first law firms to publish fixed fees for the preparation of Powers of Attorney so you have an idea of our charges before making a call or emailing us. Take a look at Our Prices | Standard Fixed Fees. The Evolve Family Law fixed fees mean you get private client Lasting Power of Attorney assistance tailored to your personal situation, based on what is best for you in return for charges that are affordable and you can understand. Everyone’s personal and financial circumstances are different and that is why it is so important that everyone has protection in place to protect themselves and their family. For expert advice on Lasting Powers of Attorney call our team of specialist LPA lawyers or complete our online enquiry form.

When a family member passes away, with or without leaving a Will, the process of sorting out the personal and financial affairs of the deceased can seem overwhelming. This is often not helped by the need to obtain probate before the family can access funds and distribute the estate in accordance with the Will. In this article, specialist private client lawyer, Chris Strogen, offers guidance on what probate is and how to go about applying for it. For expert advice on Wills and probate call our team of specialist probate lawyers or complete our online enquiry form. What is probate? When someone dies their assets and property (known as their estate) are left in limbo until someone gets the legal right to deal with their property and possessions by applying for probate and obtaining a grant of representation or letters of administration. How do you apply for probate? Normally, the probate application process involves these stages: Check and see if there is a Will – the Will may be kept with other important papers, at the bank or a solicitor’s office. If there is a Will the people authorised to sort out the deceased’s financial affairs (known as the executors) will apply for probate. If there is no Will then family members can apply for the grant Estimate the value of the estate – this is necessary so you know if inheritance tax is likely to be payable by the estate Pay any inheritance tax due – this needs to be sorted out before applying for probate Complete and submit a probate application form and where necessary an inheritance tax form What happens after probate is granted? The executors will need to: Pay any remaining inheritance tax that is payable Pay any debts Collect any property, for example, selling a share portfolio or a family home or investments Distribute the estate, either under the terms of the Will or, if there is no Will, under the intestacy rules Do you have to get probate? Sometimes it is possible to sort out a deceased’s financial affairs without applying for probate. For example: If the deceased person did not own any property or property was jointly held and passed automatically to the survivor The deceased held a joint bank account with a husband, wife, or partner so the savings or bank account passed automatically to the joint account holder The deceased’s bank may consider the account balance small enough to release without the formality of probate [related_posts]  Is getting probate straightforward? The complexity of the probate process depends on how complex the deceased’s estate, family dynamics, and Will is. Sometimes getting probate is straightforward but there are often things to sort out or check such as: Entitlement to bereavement allowance Whether it is in the family’s best interests to change a Will after death (known as a deed of variation). Executing a deed of variation  can result in inheritance tax savings Resolve any inheritance claims by family or dependants who want to challenge the Will or do not think that they will receive reasonable financial provision under the intestacy rules Obtaining a presumption of death certificate Sorting out life insurance and pension claims – these benefits may or may not pass under the terms of the deceased’s Will Sorting out the creation and administration of any Trusts created in the Will Changing the appointment of Executors How much does probate cost? Some people have complex finances and businesses and there is therefore a lot of legal work to do to get probate. However, even if the deceased’s estate is not complex, it often pays for executors to get specialist legal help to make sure that the estate does not pay more than it needs to in inheritance tax and that the estate is distributed correctly. If you need help in applying for probate call Chris Strogen at Evolve Family Law for a quote. For expert advice on Wills and probate call our team of specialist probate lawyers or complete our online enquiry form.

Should I make a Will? Won't intestacy rules protect my family? It is important that everyone has an up-to-date Will. I am not just saying that because I’m a private client solicitor who specialises in preparing Wills! I am saying it because, in my job, I see the extra heartache and the legal costs when a loved one dies without a Will or dies with a Will that is not fit for purpose. Why make a Will, aren’t there intestacy rules to say who the money goes to? That is a question that I’m often asked. It is right; if you don’t have a Will then under intestacy rules your money will go to your relatives. However dying intestate means you don’t get a say over who your money goes to. In some situations it can mean that wealthy parents get all your money (creating a bigger inheritance tax bill when they pass away) whereas you might have wanted some of your money to go to a girlfriend, a nephew or to charity. It also means that it is more likely that family members will fall out over the money allocated to them under the intestacy rules. If you make a Will then you decide who gets your money. You can also put conditions on gifts, such as a child should only get their inheritance when they are 25 or older. You can also decide who should sort out your estate by appointing executors and trustees in your Will. The trustees can be given the power to advance money to your children if they need it, for example to pay university fees. In some family scenarios dying without a Will doesn’t create a lot of additional legal complications (although it may still create extra stress for family members). However in some family situations it does, such as: unmarried partners and families; where you have been married more than once; if you have young children who need legal protection, such as appointing a testamentary guardian in your Will ; if you are a business owner. Most of us understand the need to sort out insurance for our family and preparing a Will should be on the same ‘to do’ list as one of life’s essentials. I have a Will, does it need updating because of my marriage? When you marry any existing Will is automatically revoked, meaning that if you die your money passes under intestacy rules. Those rules may produce a very unfair result or a legal dispute between relatives over who should get what. It is therefore vital that you make a new Will when you get married or alternatively say in your Will that the Will is being made in contemplation of your planned marriage. I am getting divorced. Do I need a new Will? If your marriage is ended by a court order (like divorce or annulment) your Will is not void or invalid. What happens is that any gift to your former spouse takes effect as if he or she had died on the date your decree became absolute. That usually means the gift falls back into residue for the benefit of the residuary beneficiaries. Of course, if you had left everything to him or her, then the effect is as if you had died intestate and the rules of intestacy once again decide how your estate is distributed. Similarly, if by your Will you had appointed your spouse as an executor or trustee, the Will still takes effect as if he or she had died on the date the decree became absolute. Even if you had appointed him or her as trustee of a trust for the benefit of the children of both of you, or as a guardian of a child or children, the trust fails. That might not be what you want - although you are divorced, you may still like your ex-husband or ex-wife to be responsible for any children's trust fund. So it is best to make a new Will immediately after your divorce, especially if your spouse or civil partner was a beneficiary or a trustee. However, because your Will does not become invalid at divorce, you can make a new Will at any time after separation but before divorce so that these issues do not occur. You do not have to await the decree absolute. I own a property with my partner. I don’t own anything else so I don’t need a Will. There is more than one legal way to jointly own a house. If you jointly own a house as ‘’joint tenants’’ the surviving partner automatically inherits the property. However many co-owners buy a house with their partner as ‘’tenants in common’’. This type of joint ownership means that their share of the property passes by their Will or if there is no Will under intestacy rules. It is always important to check how you jointly own a house when preparing a Will. Can I write my own Will? Yes, you can but I wouldn’t recommend that you do so. That is because Wills are tricky legal documents. The consequences of getting the Will wrong can be legally expensive and stressful for your family. It can also add to the risk that someone might challenge the Will. The legal Court costs of challenging a Will are high. So , in my view , it is money well spent to get specialist legal advice to make sure your Will is fit for purpose and to get it reviewed when significant life events (such as marriage, the birth of children or grandchildren, divorce, new relationships) occur. [related_posts] How much does a Will cost? A bespoke Will drawn up by an experienced and regulated solicitor isn’t as much as you might think. Evolve is one of the first law firms to publish fixed fees for Wills. Take a look at our online price list so you have an idea of our charges before making a call or emailing us. If you already have a Will then you may want to get us to check and review it. That’s because family and personal circumstances change so your old Will may not be ‘’fit for purpose’’. Some people have complex finances and businesses and need in depth advice on trusts and estate planning or on domicile. However, even if your situation is not complex, it is be easy to fall foul of inheritance tax and that means your estate could pay more than it needs to in tax. Your old Will might have cumbersome tax planning clauses that are no longer needed and future expense can be avoided. You and your family may therefore benefit substantially from tax input. If you need advice on tax structures, trusts or overseas assets then please call me for a quote. Everyone needs a Will and as all of our personal and financial circumstances are different. That is why it is important that everyone takes bespoke advice, at a cost they can understand, to make sure that their Will meets their needs. If you need a Will or a Lasting Power of Attorney or want me to review your existing Will or Lasting Power of Attorney then please contact us.

Will solicitors say when people decide they don’t need a Will it is often because they think that the family home will automatically be inherited by their husband or wife. When people decide that they do need a Will it is normally because they are concerned about inheritance and the family home and want to make sure their partner can continue to live at the property. Will and private client lawyer, Chris Strogen, says that it comes as a surprise to many people that if they jointly own a family home, their share in the property won't necessarily pass by their Will (or under intestacy rules if they decide to not make a Will). Whether your share in the family home passes under your Will or not depends on whether you own the jointly owned property as joint tenants or as tenants in common. For expert estate planning and help with your Will call our team of specialist Will lawyers or complete our online enquiry form. In this article we look at: Joint property ownership and estate planning The family home and your Will Severing a joint tenancy The family home and estate planning options Reviewing your Will Joint property ownership and estate planning When you make a Will, it is crucial to check if you own any jointly owned property as joint tenants or as tenants in common with your co-owner. The jointly owned property could be: The family home A holiday home A buy to let property Investment property Commercial property Whatever the nature or purpose of the property, a quick check can establish if you and your co-owner (or co-owners) own the property as joint tenants or as tenants in common. The difference in type of joint ownership is very important because property owned as joint tenants is automatically inherited by your co-owners. Jointly owned property that is owned as tenants in common is different. If one co-owner passes away then their share in the tenancy in common owned property passes by their Will. If they have not made a Will then their share in the property passes under intestacy provisions. The family home and your Will Many people think they don’t need a Will as their house will automatically pass to their partner. That may be the case if you are married or you own the property as joint tenants. It won't be the case if you own the jointly owned family home with your unmarried partner as tenants in common and you don’t make a Will. That is because your share in the property will pass under intestacy rules and your unmarried partner will not benefit under those rules. Your unmarried partner might be able to bring a claim against your estate if they fall within the definition of a ‘dependant’ and there is a lack of reasonable financial  provision for them. However, that involves uncertainty and extra expense and worry; all of which can be avoided by taking private client advice, estate planning and getting a Will drawn up. Severing a joint tenancy If you jointly own a property with a co-owner, you may realise that you don’t want your co-owner to inherit your share in the property. For example, you may own a family home with your former husband or ex-wife or you may own an investment property with a sibling or friend. To avoid your co-owner inheriting your share of the jointly owned property you can sever the joint tenancy so you hold the property as tenants in common. You don’t need your co-owner’s agreement or consent to sever the joint tenancy. If you sever the joint tenancy there are two points to note: You need to make a Will as without a Will your share in the property will pass under intestacy rules. If you have an existing Will you should consider reviewing the Will to make sure that it is still up to date and that it is inheritance tax efficient and you have minimised the risks of your Will being challenged. If you sever the joint tenancy and your co-owner passes away, their share of the property will pass under their Will or under intestacy rules. If the joint tenancy had not been severed the property would have passed automatically to the co-owners. [related_posts] The family home and estate planning options If your family circumstances are complicated you may be concerned about making a decision on whether to make a Will or review your Will or decide on whether to jointly own your property as joint tenants or as tenants in common. You may be concerned about leaving your share in the family home to a new partner as you feel that need to balance the needs of your new partner with the needs of your children from a previous relationship. There are a range of estate planning options to help you achieve a balance that you are comfortable with. For example, you could give your partner a life interest in your share in the family home so they can continue to live in the property but if they sell up or pass away then your share of the property will pass to the beneficiaries named in your Will. Reviewing your Will You may have made your Will many years before you bought your jointly owned property or the value of your estate may have changed. That is why it is important to review your Will to ensure your share of your property passes to the person or people you want to leave it to. By reviewing your Will on a regular basis, as family and financial  circumstances change, you can minimise the risk of your Will being challenged and protect your loved ones. For expert estate planning and help with your Will call our team of specialist Will lawyers or complete our online enquiry form.

Most of us like to think that we have protected our loved ones after our death. That may be by taking out life insurance, paying into a pension that includes a spouse or partner pension if you pass away before your husband or wife , or simply making a Will. However, none of these actions may prevent someone contesting your Will after your death. In this article, private client and Will solicitor, Chris Strogen, looks at how to best prevent someone from contesting a Will. Can you contest a Will? Most people think that if they have made a Will setting out where they want their property and money (referred to as their estate) to go to, that their express instructions in their Will can't be ignored or overridden. However, a Will can be challenged. There are two potential ways a Will can be contested: An allegation that the Will isn’t valid. An allegation that the Will doesn’t make reasonable financial provision for a person who has a right to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. This Act applies to estates in England and Wales. Stopping your Will being contested on grounds of validity If you get your Will prepared by a specialist Will solicitor it is less likely to face a successful challenge that the Will isn’t valid. A Will can be said to be invalid for a variety of reasons, such as: The Will wasn’t witnessed properly in accordance with current witnessing requirements. The Will maker was coerced or unduly influenced into making the Will. The Will maker lacked testamentary capacity to make the Will. For example, because of age or dementia or another health condition affecting their ability to make decisions or because they were receiving hospital or hospice care and on strong medication when they decided to make their last Will. It is part of the job of a Will solicitor to try to ensure that a Will is valid. They will therefore try to minimise the risk of a Will being contested on the grounds of validity by taking precautions, such as: Giving clear advice on how the Will needs to be signed and witnessed, and if you are planning to get the Will witnessed remotely because of COVID-19, clearly explaining if you can do that and how to comply with remote Will witnessing regulations. Ensuring that the Will maker’s instructions are taken, rather than relying purely on a family member or friend to pass on the Will maker’s instructions as to what should be included in the Will. If the Will maker wants to make a completely different Will to their previous Will or a Will that is perhaps unusual (for example, leaving their entire estate to someone they have just met when the Will maker has a close and supportive family ) then explaining the potential for the Will to be challenged and helping the Will maker write a letter to accompany the Will to explain the decision behind the new Will. Alternatively, an explanation can be included in a Will, for example, that provision hasn’t been made for a spouse because of a separation. It is important that family law advice is also taken as a spouse can still make a claim unless there is a clean break financial court order in place. Checking to see if there any health or other issues that might enable someone to question whether the Will maker lacked testamentary capacity when they signed their Will. If there are any question marks it is sensible to be cautious and obtain a medical certificate to say that the Will maker has capacity. Although someone can challenge testamentary capacity even where there is a certificate, the claim is far less likely to be successful if the point was addressed at the time that the Will was made. [related_posts] Reducing the risk your Will can be challenged because it doesn’t leave reasonable financial provision The best way that you can reduce the risk of your Will being challenged because it doesn’t leave reasonable financial provision to a potential claimant is to be totally honest with your Will solicitor. Sometimes people are embarrassed to say that they have a child from a previous relationship because of the child’s age and other family circumstances or don’t mention a partner as they don’t want family members to know about their partner. Whatever you tell your Will solicitor is confidential and they can't give detailed advice without all the necessary information about your family and potential claimants. In addition, your Will is private and the contents of your Will don’t have to be disclosed to your family. However, explaining your Will to your family may help them understand why it is fair and, in addition, after death a Will becomes a public record. A Will solicitor can advise on potential reasonable financial provision claims that you may not be aware could be made. For example, your estate may be left to your second spouse but your child from your first marriage may have a potential claim. Alternatively, you may leave all your estate to your children but a claim is then made by a former husband or wife against the estate as they were in receipt of spousal maintenance payments at the date of your death. There are lots of things that a Will solicitor can advise on to reduce the risk of claims, including the: Creation of a trust during your lifetime. Lifetime gifting. Creating a discretionary trust in your Will. Preparing a careful letter of wishes to accompany your Will so your trustees can exercise their discretion and hopefully avoid a dependency claim. Taking family law advice, for example, capitalising spousal maintenance or taking out life insurance to cover any potential spousal maintenance claim against the estate. In addition to advising you on potential claims against the estate your Will solicitor can also advise on IHT planning so your Will and estate planning is as inheritance tax efficient as possible, taking into account your family and personal circumstances. ​We are Cheshire Will Solicitors For legal help with your Will or estate planning call us or complete our online enquiry form. Evolve Family Law offices are in Holmes Chapel, Cheshire and Whitefield, North Manchester but we also offer remote meetings by telephone appointment or video call.