When someone dies, it is sometimes the case that their family or relatives are unhappy with the Will. This might because they are surprised by the way the estate is distributed, or, because someone has been ‘cut out.’ Where there are concerns about these provisions, it may be felt necessary to question them.

The legal grounds for contesting a Will are strictly defined and a successful challenge will only be possible if there is sufficient evidence to make a claim.

With this in mind, Howells Solicitors have come up with a brief overview of contesting a Will, but for further information, please get in touch. More...

When your personal circumstances change, it is vitally important you update your Will to ensure that your money and possessions are distributed according to your wishes on death. Getting married is no exception, particularly as the law surrounding Wills and marriage may come as a surprise.

Marrying or entering into a civil partnership automatically revokes a Will, leaving it invalid. The only exception is if your Will is stated to have been made ‘in contemplation of the marriage’. If it is not, and you don’t write a will after marrying, your estate will be dealt with under the rules of intestacy.

Marriage and The Laws of Intestacy

Under the laws of intestacy:

1. If you have no children, your spouse will inherit your whole estate.

2. If you do have children, your spouse will inherit your personal chattels, the first £250,000 of your estate, and a half share of what remains. The other half share will be divided between your children, and they would be entitled to their inheritance at age 18.

The laws of intestacy were drawn up to reflect the social landscape and family structures in the 1920s. Some changes were made in October 2014, but the law nevertheless remains unfit for many people’s circumstances. It is not a good idea to rely on the intestacy laws and you should note that ‘step children’ will receive nothing from your estate if you die intestate.More...

Laith Khatib, who regularly contributes to The Law Gazette, specialises in Contested Wills, Trusts and Estates. Recently, he was asked by the publication to contribute his advice on settling estate debts. The following is a summary of his article:

Settling Estate Debt

An executor is the person in charge of administering the estate of a deceased person, and one of their key responsibilities is to ensure that all debts and liabilities of the deceased and their estate are, where possible, paid. 

Unfortunately, this is not always a simple task. In some cases, the estate may not be able to settle all of its debts and liabilities in full, and in others unknown creditors may be involved.

To avoid encountering problems when discharging debts and responsibilities, executors should take the following steps:

Be fully-aware of the executor’s duties

Any executor who enters into a contract on behalf of an estate is contractually liable to meet its terms. When this contract involves settling a debt, the cost is recoverable from the assets of the estate. However, if the estate’s value falls short, the executor is then personally liable. More...

There are a lot of questions that pop up when buying a house with one of the most common ones being whether or not you need to have a will in place to make the purchase. While the short answer is no, a will is not legally required, it can make a lot of sense to put one in place.

Why create a will?

A will is a legal document that helps to sort out your affairs and settle your estate in the case of your death. This can be very helpful if there are several possible beneficiaries, as it ensures that your property and belongings are passed on to the individual(s) of your choice.

This can help to minimise tension between beneficiaries by creating a smooth and easy process to follow when distributing your estate. Furthermore, it allows you to ensure that any minor children are cared for financially until they are of legal age to take control of their inheritance.

Will I own my house if I die?

If you have a mortgage then it is highly recommended that you take out life insurance. This means that even if you only have a small amount of equity in your property, with the mortgage covering the rest, the house will be paid off if you die. Having life insurance can drastically reduce the stress and worry that your partner or dependants will face and will ensure that they can keep a roof over their heads. More...

Around 180,000 people a year die intestate (without making a will). That is a shocking 56% of UK deaths. Dying without a will can cause significant problems for the people you leave behind, and should be avoided where at all possible.

(Read more: 5 Common Myths associated with Dying without a Will (Intestate))

Why should you make a will?

To help convince those who are delaying or even having doubts about writing a will, we've listed 10 very good reasons why you should.

1.    First and foremost, a will puts you in control. You choose who will benefit from your estate and what they are entitled to. You also decide who will administer your affairs after your death.

2.    If you don’t make a will, the intestacy rules will decide who benefits from your estate and that can produce undesirable results.  The law also sets a hierarchy of who is able to handle your financial affairs after death, and that can lead to problems if the person is not suitable because of age, health, geographical location, or for any other reason. More...