Have you made your Will? Has your Executor made a Will?
We all need to make a Will. There is absolutely no argument against that advice. Some argue that they accept how their estate will be distributed under the intestacy rules so there is no point. There is a point. Dying without a Will will mean that you haven’t appointed an Executor to deal with your estate. This is a crucial element to your Will as it will not only ease of the administration of your own estate but also any estate that you may be executor for.
This is because there is a term called the Chain of Executorship. For example, if Finlay appoints you as his sole executor but you die before completing the administration then your executor will be able to deal with not just your estate but also complete the administration of Finlay’s estate. Good. However, if you don’t have an executor appointed then the chain is broken. Bad. Your estate administration will initially be more complicated than necessary. It also means that the administration of Finlay’s estate has to be delayed until the appropriate person entitled to take the grant applies for it and obtains it.
This is costly in terms of additional estate fees and a potential loss in the value of the assets which the beneficiaries will not be pleased about. Sadly, this scenario happens too often and adds to the pressure on your own family at a difficult time and someone else’s.
There are of course exceptions to the rule if you have already appointed a substitute executor, but are they really a good alternative?
Together, let’s make sure your Will includes well-appointed executors, says what you want it to say and covers all of the other essential elements. We look forward to helping you soon.
For more information or advice on the above or Lasting Powers of Attorney, please contact a member of Battens Private Client Team, Sally Manning sally.manning@battens.battens.co.uk 01963 407060.
