Elder Abuse in Australian Estate Planning

The longer we live, the better our scientists & doctors will become at improving our life-expectancies. Australia now has one of the highest life expectancies in the world (higher even than USA and UK).

As a result we can expect to live longer but we must also expect to require increasing amounts of assistance in our later years.

In short we are likely to rely upon an increasing amount of care towards the end of our lives, and this care will be provided by people who will be in a position to influence us regarding testamentary gifts.

The role of carer can be quite an intimate one. Confidences can be shared; friendships are established. It becomes a "trust" relationship. However the potential inequality in the relationship (the reliance that is necessarily placed upon the stronger person by the weaker person in the relationship) creates a ready climate for exploitation.

As a society, we judge the respective "bargaining" positions of many common relationships, such as employer/employee or teacher/student. Where one party is thought to be too weak to properly protect their own interests, the Government & the Courts will intervene to offer protection against unfair or unreasonable behaviour.

It is understandable that we may want to show our gratitude to our carers by providing for them in our Will. However such bequests can be open to challenge by family members and other beneficiaries after our death.

Questions of capacity and influence may arise.

Sadly, "Elder Abuse" is an increasing concern in modern society. "Gold-digging" is seen as a product of bullying, fraud, menace, duress, or undue influence. Advantage is sometimes taken of an elderly person's reducing health, mobility, independence or mental status.

All sorts of rationalisations and justifications are offered by those unscrupulous enough to place their own interests ahead of the elderly person: "It's what they would have wanted" is a common contention. Feelings of expectation & entitlement, or a response to financial desperation, are also commonly seen explanations.

We have all heard of examples where a vulnerable & elderly person changes their Will very shortly before their death, leaving a substantial gift to a "new friend" or carer.

Such gifts are likely to be viewed with considerable suspicion by Australian Courts.

Anyone (especially elderly people) wanting to leave assets to a carer should take considerable care to minimise the risk that the gift will be invalidated. There are steps that can be taken by an experienced lawyer specialising in estate planning to greatly assist your testamentary intentions to be made effective.

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A Will Vs A Revocable Living Trust - Which is Better?

There's a big debate going on over whether a will is sufficient or if people really need a living trust.

What's the answer?

The truth is, both are great estate planning tools and choosing the right one for you will depend upon your individual needs.

Someone who's just starting out for example, may not yet need all the bells and whistles that a living trust can offer. With only a small accumulation of assets and a limited number of heirs, a will might just be the perfect solution.

It's when you start adding in extended family members, mortgages, children, grandchildren, vacation homes, and the like that you begin to see the need for something a little more comprehensive.

Yes, a will can still take care of the basics but you'll be missing out on some very unique benefits that the living trust can offer.

For example, a living trust allows your heirs to skip the probate process and instead, inherit your assets without court supervision. A trust also keeps your estate private, away from the prying eyes of con artists and overly aggressive sales people looking to make a quick buck.

A living trust can do things like offer incentives to your heirs and protect disabled dependents who rely on government assistance programs. It can even protect your assets in the event you suffer from a disability later on in life.

So, is one better than the other? No, but there's definitely a choice that's most appropriate for you.

The only way to decide which tools are best for you is to talk with a qualified estate planning attorney.

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Planning in the Year of No Estate Tax

With the 2010 estate tax phasing out by the year's end, estate planning will now have to incorporate considerable measures to reduce tax implications for deaths that occur in the future. For the majority of individuals, the lax rules do not affect them.

However, in 2011, the exemption for the value of assets you own upon death will drop to $1 million. While there may be a possibility that the tax will be increased through legislation by Congress, it is best to plan for the worst.

When you pass away, the IRS may impose an "estate tax" on your assets, depending on how much they are worth. In California, only the IRS requires the payment of this tax, California has no "death tax". Your assets can be calculated by adding up the total of your life insurance, realty and bank account funds. In 2011, if this total reaches over $1 million, then the excess value will be taxed by the IRS at 55%. For example, if a loved one dies in 2011 and owns assets worth $1.5 million, then their estate will have to pay over $250,000 in taxes within 9 months of their death.

One of the focuses of estate planning is to reduce the amount of ownership interest that an individual has over their property. The government takes into account all property that the decedent owned, controlled, possessed or enjoyed. If you are a married couple, you could have a cumulative exemption of $2 million and through a Will or Trust, shelter all of that amount from the estate tax. Estate planning can also reduce taxes for assets valued over $2 million for a couple and $1 million for a single person through other means like gifting, charitable giving and family limited partnerships. The tools of estate planning employed by a competent attorney could effectively eliminate estate tax burdens on a family after a loved one's death.

For example, every individual is able to gift $13,000 per person, per year without any gift tax consequences. All charitable donations are tax exempt, so if your Will or Trust provided for a charitable gift at your death, the value of that gift would reduce your asset exposure to the estate tax. Many families consider this a better alternative than paying that tax consequence to the IRS. Finally, if a limited partnership is set up around the management of properties and securities, then a family can reduce the IRS value at death due to a discount given on assets that have multiple owners.

Effective planning helps to lower the overall costs that a decedent's holdings have to bear. Tax exemptions and credits are typically utilized in order to maximize asset distribution. In addition, varying trust structures are created in order to shelter property from an excess amount of liability.

A qualified and experienced attorney can assist you in creating a customized solution to your specific issues. Many intricate strategies can be incorporated into a plan that reduces a decedent's total holdings, which then leads to a smaller liability. Having the right legal professional on your side can save your beneficiaries thousands of dollars in estate tax and can keep more of your assets within your family.

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Power of Attorney Legal Information

A power of attorney is a type of legal document in which you declare that you are assigning another person (a close relative or a trusted friend) the authority to make certain decisions on your behalf while you are temporarily unable. The person to whom you give these rights to is called an "agent". You, as the designator, are called the "principal." The agent is a "fiduciary", which means that he or she must perform any decisions with your best interests in mind and completely in good faith. Good faith simply means that something is being done without the intent to deceive.

If a person were going to be hospitalized for a common surgery, or was going to be physically unable to perform certain financial or legal obligations, an agent can be selected for a Limited Power of Attorney. This person could perform such tasks as banking affairs, paying bills or other tasks as assigned by you. As long as you, as the principal, are capable of making decisions with a sound mind, the agent must follow your directions. Once you are able to perform the required tasks on your own, the power and privileges are revoked. In other instances, there should be a time limit set for these powers, with an indefinite time frame or permanency clause avoided. This document is also null and void if you become permanently incapacitated or were to die.

The second type of authority is a General Power of Attorney. This document gives the agent the ability to perform any tasks that you yourself can do including, but not limited to decisions and follow through of banking transactions, opening safety deposit boxes, completing transactions involving securities, stocks and/or bonds, the buying and selling of personal property, purchasing life insurance, settling claims, entering into legally binding contracts, controlling real estate (which would include, selling, buying and/or managing), filing tax returns and decisions related to government benefits. The person acting as your agent should be a trusted individual. Again, the agent is someone who would act with only your best interests in mind.

A Health Care Power of Attorney designates an agent to make health care decisions for you if you are unconscious, mentally incompetent, or otherwise unable to make such decisions. It is important to understand that there is a difference between this document and a Living Will. A Living Will only provides directive in the event that life sustaining decisions are in question. Your agent would be entitled to make decisions including but not limited to surgeries, doctors, hospitals, after care and the amount of life saving efforts performed on your behalf. Again, the agent should be someone you have absolute trust in. With these documents and the power bestowed on the agent, it is imperative that an understanding be in place regarding your wishes before the document is signed. In most states, this person cannot be a health care provider or a hospital/care facility employee, even if they are related.

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What is a Durable Financial Power of Attorney?

A durable financial power of attorney (POA) is a document that grants authority to someone of your choosing to handle your financial matters. This can include paying your bills, accessing your bank accounts and even selling or buying assets and negotiating real estate deals.

A regular Durable POA allows the named agent to step in at any time and doesn't require a disability to be active. For example, your wife could sign a financial document for you while you are out town.

A "springing" Durable Power of Attorney on the other hand, only gives your financial agent access to your finances when a doctor has diagnosed you as mentally or physically unable to handle your own affairs. In the case of a "springing" durable POA, you will be in full control of your own financial matters while you are of sound mind and body.

If your family depends upon you for financial security, a POA can allow them to continue using your assets if you should become disabled. If you do not name a power of attorney your spouse or family will have to get a court order to handle your finances. This will require a judge to declare you "incompetent" and could delay paying bills and paying for any medical care you may need.

Your Durable Financial POA is only valid while you are still alive. Upon your death, control of your financial assets will pass to your estate executor or your trustee if you have named one.

In addition, a Durable Financial POA will also terminate automatically if you cancel it, a court deems it invalid, your spouse was the agent and you divorce, or if the named agent is not available. Considering this last case, it is a good idea to name a back-up financial agent.

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Simple Will Form Information

A person who is at least 18 years of age can complete a Will and is referred to in the Will as the testator. An emancipated minor can also complete a Will. A Will does not have to be worded in any particular way to be legal, as long as it is signed as required by Florida law.

A Will is used to list houses, land, businesses and the names of the persons the testator is giving the property to. The term "devise" in a Will also means to dispose of. The words "gift", "bequest", "give", or "bequeath" may also be used. The person receiving a gift in a Will is called the beneficiary.

A Florida Last Will and Testament Form may also refer to a separate list of the testator's personal property such as cars, jewelry, boats, etc. and it would also include the names of the persons the testator is giving the property to. This separate list must also be signed by the testator. The personal property described in the list would not be listed in the Will and includes only tangible personal property. This list can be made by the testator before or after signing their Will. This separate list can also be changed by the testator without effecting the Will. If more than one list exists at the time of the testator's death giving the same property to two different people, then the most recent list would be used to decide who receives the property.

Although it is rumored that a Florida Last Will and Testament form can contain a statement that would in someway penalize a beneficiary or other interested person for contesting the Last Will and Testament form, it is actually not true.

A Will can be revoked by declaring it in writing, by destroying it or by completing a new Will that contains a statement that revokes the previous Will completed by the testator.

The testator's gifts to a spouse in a Will become void if they're later divorced or the marriage is annulled before the testator dies.

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How a Will Can Protect Your Blended Family

The standard image of a family as a mother and father with two children is becoming less frequent. In the current age, families include a variety of situations: divorces, single parents, unmarried couples living together, same-sex parents, second marriages and beyond. So how do you ensure that your blended family receives the inheritance you wish to leave upon your death? A valid Last Will and Testament is one way to safeguard your final wishes.

Divorce

Although the law severs an ex-spouse's inheritance rights upon dissolution of marriage, if you are divorcing, or separated, you should create a Will to state your wishes regarding your ex-spouse's possible inheritance of your property before the proceedings are finalized. After the split, If you and your ex have children together, you may wish to leave some property to your ex to help care for your children if you pass away.

On the other hand, you may wish to completely remove your ex from inheriting any property. By creating a Will, you can ensure that your ex-spouse will not inherit your belongings.

Second Marriages

Many second marriages include step-children. You may have specific wishes about leaving an inheritance for your step-children or you may desire to only leave property to your children. Whatever your wishes and reasons are, your Will can help.

Live-in Partner

If you have a live in partner, but your property is only titled in your name, a Will is a must have if you wish to leave your home to your loved one. You may also wish to title the property in both names as a back-up plan.

The Effects of Having No Will

Blended families are often negatively affected by intestacy laws, which determine the fate of estates without a valid Will and Testament. If you don't put your final wishes into a legal document, your chosen heirs may not receive an inheritance.

When an estate does not have a Will, state inheritance laws will determine who is an heir at law. Only heirs at law will inherit property, and the law will dictate how much each heir receives. When inheritance laws are in charge of your estate property dispersion, some of your desired beneficiaries may be left out and others that you didn't wish to include may receive your property. If you have an unusual family situation, it is essential to use a Will or other estate plan.

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How to Make a Will - What Should a Will Contain?

If there's one thing everyone should know it is how to make a will. Amazingly, the majority of people haven't made theirs, which can lead to uncertainty and worry for their survivors, along with the probability of a costly and drawn-out legal process.

Worst of all, if someone dies without making a will ('intestate'), their wishes may not be fulfilled, their money and property may not go to those they want to have them, and the state may get much of the estate. Fortunately, it's easy to avoid this with a valid last will and testament.

How to make a will - where to go

There are several different ways to make a valid will. These include the following:

A solicitor or other professional trained in how to make a will DIY will-making kit One of the free online wills A paid-for solicitor-checked online will

Theoretically, you can make your own or use one of the DIY kits of will forms that are available from high street stores. For simple wills, these may be satisfactory. For anything more complex you should seek professional advice.

In this case, the ideal solution is a solicitor prepared or checked will, created either by visiting a legal professional or through a reputable online service. The cost of preparing a legal will ranges from virtually nothing, through to several hundred pounds if your affairs are very complex.

Differences in different parts of the UK

Local legal practices may have a bearing on the will-making process - another reason for seeking professional advice. In the UK, for instance, there are differences between making Welsh or English wills or making one in Scotland

Differences range from the availability of legal aid for will making, through to storage facilities available for the completed will (for instance, there are no court storage facilities for Scottish wills).

What should a will contain?

A properly written will requires the use of legal structures and terms and typically includes instructions that enable you to legally give away (or 'gift') things after your death:

Your estate Property House contents Cash and investments Businesses Residue (everything left after other gifts have been made and liabilities settled)

A DIY will template or a professional online service (they should have sample wills too) will include the standard terminology and format. A properly drafted will is a powerful document; even more reason for investing in the modest cost of making a will to ensure it's prepared correctly.

Storing the completed will

Getting a will prepared is the main part of the will-making process. Once your will has been signed, you should store a copy with your papers, with your legal advisor, or with a reputable online funeral planning service such as The Well Planned Funeral. Additionally, make sure your will executor knows where your will is kept!

How much does a funeral cost? One thing's certain; without a valid will the costs of administration and funeral planning can be much higher than they'd otherwise be. Because of this, knowing how to write a will and making the effort to get it prepared is vitally important.

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Understanding the Validity of Your Will

Can a will written on a piece of wood be considered as a legal document? Isn't it seems to be a filmy story? Yes, it is a story but a true one. It is the story of Marilyn S. Rhodeback. Mr. Rhodeback and his wife were living in Florida. In the year 1996 Mr. Rhodeback passed away without leaving a will behind. Mrs. Rhodeback felt puzzled and she immediately decided that she needs to take some action so that everything falls into places. She didn't waste time, not even a single moment. When she realized the urgency of her task she meant to do it right away. She wrote a will immediately.

Marilyn couldn't find a piece of paper and she just grabbed the nearest thing to write her will and it was nothing but a piece of wood. The wood was a left over from a shelf. Marilyn grabbed the 14" x 14" piece of wood and wrote the will on it.

It is true that your Florida probate attorney will not advise you to follow the same procedure. But the credit should be given to Marilyn for making a new move, to put her will in a written form.

Since 1996, Marilyn has made changes to that will. She had dated the changes and had her sisters sign the will. Of course she made them sign the final version of the will. Mrs. Rhodeback died at the age of 73. Before she died she called her daughter, who was surprised to discover that her mother was asking her to bring a wooden will to the hospital.

Initially her daughter did not believe that Mrs. Rhodeback was serious. She couldn't believe there was a will written on a piece of wood. Naturally she couldn't find the will when she searched for it for the first time. Finally with lots of effort Debra, the daughter of Marilyn discovered the will written on the wood.

When she brought the will to the hospital everyone was stunned to see it and undoubtedly they took a picture of that 'strange will'. The reaction of the people at the probate litigation court was no different. But it was accepted since it was an original document featuring Mrs. Rhodeback's handwriting.

This is a unique and popular story spread in the circle of probate litigation, Florida. It is the story of Marilyn that has made the probate court declare that any original document will be accepted as legal even if it is not written on a piece of paper.

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The Difference Between a Will and a Pour Over Will

The term "living trust will" is not really a legal term. However, a lot of people use the term when they are first investigating a living trust. People are used to having a will distribute property after the death of the person making out the will. The confusion probably comes, because people know that the trust will distribute property after a death. In a sense, a living trust is a substitute for the standard will." A living trust and a will are two separate items. So, when the term "living trust will" is used, as a lawyer, I am not sure what is being referred to. There is a legal document called a living trust and a different legal document called a will. Actually, there should always be a will accompanying a living trust. It is called a "pour over will."

A pour over will serves as a failsafe mechanism for living trusts. Trusts are often referred to as "living revocable trusts" or "revocable living trusts," because they are always revocable. That means that the maker of the trust can revoke the trust and move everything back to status quo anytime he or she wants." People use trusts to avoid probate and get more value to their heirs without paying any estate taxes.

A revocable trust only avoids probate if it is properly managed by the person who sets it up. Most people who get a living trust do not avoid probate. There is a legitimate argument in the legal community against this, because so many of them fail to give the probate protection that was "sold" to the family. This isn't a problem with the trust. It is a problem with the attorneys and how they educate their clients. Most of them don't give the client enough education, and they don't know how to "use" their trust, so the it fails to avoid probate.

When the the trust fails to protect the family against probate, the deceased's assets need to be probated. That means the family has to go through the probate process. If the deceased had a will, then the court will use the will to guide the probate process. If there isn't a will, the court will treat the case as an "intestate" proceeding. Intestate means that there isn't a will.

When you get a revocable living trust, you should also get a pour over will. If for some reason assets need to be probated, the pour over will can be used by the courts to guide the probate process. Hopefully, the pour over will won't ever be used, because the trust will avoid probate on all of the decedent's assets.

Pour over wills don't make a distribution of the property, as standard wills do. Once the property is probated, a pour over will directs the court to "pour over" all of the property into the revocable trust, so that it can be distributed according to the terms of the trust.

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Living Will FAQs - Should I Hire a Lawyer to Write My Living Will?

I f you have ever had to undergo major surgery, you would have probably been asked about a living will. Many hospitals will give you the option of that, just in case something happens during the surgery that requires additional medical care. However, there are other cases where it may be wise to have a living will, just in case. There are a few online forms that can be used as living wills, but would it be wise to seek out legal counsel when writing up your living will?

The advantages of writing your own living will come in the form of time and money. You will save time in that they are quick to complete, and you will save money because you won't have to hire anyone to write it for you. However, there are chances for error in writing your own will, and because of this, a court may dismiss your living will, even if your intentions are for the best.

Attorneys will be able to help you determine the best way to distribute your assets, should a living will be necessary. If you have children, this will be particularly helpful. Then your living will in fact will stand up in court.

Writing your will can also be a bit of a task simply in regards to preparation. You will have to find credible references, inventory all of your assets, make the decision of what will happen to each asset upon your death, and find executors.

For the best written will, easily used if needed and accepted by a court of law, it may be best to consider having a lawyer write up your living will. It doesn't cost much, and you and your loves ones will be better off.

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Living Will FAQs - Once I Write My Living Will, Can I Make Changes to It?

Living Wills are not a necessity, but a good thing to have, in case at some point in your life you may not be able to make decisions about your own health and finances. A living will can be done on your own, or by an attorney, and lists how to distribute your assets in the event that you cannot handle your own finances, or if you need someone to make important health decisions on your behalf.

However once a living will is created, time can change things, and in some cases, living wills may need to be altered. This can certainly be done. The original living will can either be destroyed or have a letter of cancellation attached to it. If you had done your living will through an attorney, it may be advised that you contact your attorney to help make the necessary alterations to the will.

Otherwise, you are free to alter your living will as you need to. It is important that you check with your state government office to make sure you are doing it correctly, however, so that your original will or your altered will aren't thrown out in court if it ever comes to that point.

A living will can be an important document, should anything unfortunate and unexpected occur. Having one that is up to date with the correct information and requests will make things easier for you and for your family. It's best to look at your will at least once a year and alter it if necessary, just to be safe.

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What Is a Codicil?

When preparing a will, there may be a handful of legal terms included, with which you are not familiar. Your will writer should, as a matter of practice, explain each one fully in turn, before reading your prepared will back to you, breaking each declaration down and explaining it in plain English, so that you can be satisfied it represents your true wishes.

One of the terms which could be used is "codicil".

Remember that although, as responsible adults, we have prepared a will, our lives rarely remain stagnant. New children and grandchildren may arrive in the family, divorces may unfortunately occur, and finances and relationships change. All these could well affect the wishes laid out in your will.

There is no excuse not to amend your will to reflect these changes, however. Indeed, it is vitally important that you do so, to avoid any future bad feeling, confusion and potential conflict.

There may be no need to go to the effort and expense of creating a new will each time a relevant event occurs. This is where a codicil is particularly useful.

A codicil is simply a document which indicates a slight alteration to your original will. It validates the original document and outlines the changes which should subsequently be made, even if you wish to change your beneficiaries or executor. Care should be taken, however, to ensure that the legal standards set out by the original will (with regards to the witnessing of the document for example) are mirrored exactly by the new codicil, for it to be considered truly valid.

Tony Crocker

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Wills & Trusts - The Basics

"What will happen when I die?" "Will my children automatically receive my property?" "Will other family members have access to my belongings?" "Who will take care of my children?"

These are questions that are often asked when one thinks about leaving this earth. With these questions come questions such as "What can I do to make sure my family is taken care of when I'm gone?" "Where do I start?" "What is exactly is a Will?" "What is a Trust?" and "Which should I create a Will or a Trust?"

In order to make very important decisions regarding the above issues, you must first know the basics. This article provides very BASIC information on Wills and Trusts which may help you at the least determine which is right for you.

WILLS

A will is a legal document which becomes irrevocable upon death that gives certain instructions to be carried out after the creator of the will (The Testator) dies. This may include the distribution of assets (money and property), and may also provide a choice of guardians to care for minor children.

A will can name:

Beneficiaries - (family members, friends, spouse, domestic partner or charitable organizations, etc.). Beneficiaries receive assets according to the instructions in the Testator's will. The Testator may list specific gifts, such as jewelry, other personal property, real property, or a certain sum of money, to certain beneficiaries and may also provide instructions on what should be done with all remaining assets that the will does not dispose of by specific gift.

A guardian for minor children - The testator may nominate a person to be responsible for the personal care of their child (ren) who are under the age of 18 if the child's other parent died or is unavailable for other reasons. The Testator may also name a guardian-who may or may not be the same person-to be responsible for managing any assets given to the child, until he or she is 18 years old.

An executor - The Testator may nominate a person or institution to collect and manage his or her assets, pay any debts, expenses and taxes that might be due, and then, with the court's approval, distribute assets to beneficiaries according to the instructions in the will. The executor serves a very important role and has significant responsibilities. It can be a time-consuming job.

California Probate Code section 6100-6200

FORMATION OF A WILL

Most states have the same and/or similar requirements that must be met in order to create a Will. In order to form a Formal Will in California, the following must be met:

1. The testator must sign the will or direct another to sign for him in his presence. 2. A will must be signed by at least two persons each of whom (1) were present at the same time the will was signed by the Testator or when the testator acknowledged his signature on the Will and (2) understands that the instrument they are witnessing is the Testator's Will.

California Probate Code section 6110

There are also ways to form a more informal Will that does not require the above.

TRUSTS

A trust it is a written legal document that partially substitutes for a will. The owner of a Trust is called a "Trustor". With a living trust, certain assets (one's home, bank accounts and stocks, for example) are put into the trust, administered for the Trustor's benefit during his/her lifetime, and then transferred to his/her beneficiaries when he/she dies.

Many people name themselves as the Trustee in charge of managing their Trust's assets. This way, even though the Trustor's assets have been put into the trust, the Trustor can remain in control of his/her assets during their lifetime. The Trustor can also name a successor Trustee (a person or an institution) who will manage the Trust's assets if the Trustor ever becomes unable or unwilling to do so him/herself.

A living revocable trust can help ensure that the Trustor's assets will be managed according to his/her wishes-even if the Trustor becomes unable to manage them him/herself.

At the Trustor's death, the trustee-similar to the executor of a will-would then gather all of the Trustor's assets, pay any debts, claims, and taxes, and distribute the remaining assets according to Testator's instructions. Unlike a will, however, this can all be done without court supervision or approval.

California Probate code 17200

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Why It Is Important to Write a Will

A will should always be taken into account. Whether you own as little as 20 pence or whether you have a multi million pound real estate in your name, it is still very important to have a personalised, written will. When someone passes away, their possessions are given away according to their will. If you want your possessions to be distributed evenly by your choice, to whom you want, then it is of great importance that you write a will stating who you want to receive your possessions.

No-one can tell the future, so it is very advisable to write a will. Even if you have perfect health and everything is going well, it is still worth making a copy, whether it is brief notes or a final draft, if there is some indication on who gets what then there will be no afterlife arguments throughout your family and friends.

Another example of this includes an unmarried partner. If they have not registered a civil partnership then they are not entitled to their partner's belongings if they pass away. This however can only by tackled if a will has been created. Not only will the partner be dealing with the upset and stress of losing a loved one, but they may also be faced with a huge financial loss!

To anyone who has children, it is recommended that a will should be designed and officially produced. This will make sure that any items left to the children can officially be sorted out through the will and the children can have the possessions split equally between them. This will prevent any arguments and it will also make sure that neither of them

loses out on any financial benefits whilst dealing with the loss of a parent/parents.

When organising a will it is a very good idea to use a solicitor. Having a solicitor will aid the writer of the will and make sure that there are no silly mistakes made. The solicitor will also make sure that everything is equally split between the receivers, aiding in preventing any family disagreements or arguments which could unveil themselves in the future. Ultimately a solicitor will be there to help check that everything is in the correct order and give you helpful advice at the same time!

There are certain times when a solicitor should most definitely be used. These situations can include times when a property has been purchased with another individual who is not related to them in any way. When there are several family members who make a claim on the will, if the client lives outside the UK permanently,

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