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Will & Testament law in Rotherham, UK, falls under England’s larger succession law, which encompasses the distribution of a deceased person's assets (called an 'estate'). This law stipulates that every adult has the right to decide how their estate is divided among heirs by creating a will. If someone dies without a will, their property and assets are distributed according to the 'rules of intestacy'. These rules may not always reflect the person's wishes, which makes creating a will imperative.
A lawyer can assist in a multitude of ways when dealing with will and testament matters. Lawyers can help draft a will to ensure it adheres to all legal requirements and truly reflects the testator's wishes. They also provide crucial assistance if a will is disputed. Disputes may arise if beneficiaries feel the distribution is unfair, or if the will's validity is questioned. Lawyers can also provide advice on tax liabilities to minimise the financial burden on the heirs.
In Rotherham, like the rest of England and Wales, a legal will must be in a written format and be signed by the person making the will (the testator), in the presence of two or more witnesses. These witnesses need to be over 18 and not stand to benefit from the will. For a will to be legal, the testator must also have been of 'sound mind' when they made it. If the person dies without a legal will, their assets are distributed according to the rules of intestacy, starting with spouses, children and then other blood relatives.
The estate will be divided according to the rules of intestacy, which prioritises spouses, then children, and then other blood relatives. This division may not always correspond with your wishes, hence it's important to make a will.
Yes, your will can be modified or completely rewritten at any time as long as you have the capacity to do so. It's in fact recommended to review and possibly update your will whenever significant life changes occur, like births, divorces, or property purchases.
A will can be contested if someone believes it fails to adequately provide for them, if the testator lacked mental capacity when writing it, or if there is suspicion of fraud or lack of proper execution.
Choosing an executor is an important decision. It should be someone you trust to respect your wishes and carry them out efficiently. Executors have a significant amount of responsibility, so choose someone reliable and competent.
It is possible to disinherit a family member, but they could contest the will on the grounds that it does not adequately provide for them, especially if they are a dependent.
You may contact the Rotherham Metropolitan Borough Council for local resources, seek advice from organizations like the Citizens Advice Bureau, or use solicitor directories provided by the Law Society to find local attorneys specializing in wills, trusts, and probates.
If you are in need of legal assistance with matters related to wills and testament, contact a lawyer specializing in this area. They can help guide you through the process, explain legal jargon, and ensure your will is legally sound. Remember, it's never too early to make a will, and doing so can provide peace of mind for you and your loved ones in the future.
