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The Legal Requirements for Making a Will Essay examples

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The Legal Requirements for Making a Will

A will is a formal declaration by a person of what they want to happen to their property or estate when they die. Wills do not take effect until the person whom it is written by dies. It is possible to make alterations or even completely changed as many times as a person feels necessary. But the law only recognises the final most recent will produced by a person.

If a will is complicated or not straightforward to the person making it, it is sensible to get legal advice on the wording of the will. Though a will does not have to be complicated. It is acceptable to state 'All to Mother'. No particular words are needed as long as the will is …show more content…

In some cases a verbal will may be accepted. The age limit form making a privileged is also reduced to 14 years of age.

Section: B

At present the Provision for Family and Dependants Act 1975 give courts powers to makes award from the estate in cases where family, dependants or cohabiters have not been reasonably provided for by the will or intestacy. The following have the right to apply: wife of husband of the deceased, a former wife or husband of the deceased as long as the former wife or husband has not remarried, a child of the deceased, anyone who was treated as a child of the close family of the deceased, any other person who was being maintained immediately before the death, partly or wholly by the deceased and the Law Reform Act1995 also allows someone who, though not married, has cohabited with the deceased as husband or wife for at least two years immediately prior to the death.

In some cases the husband or wife can apply for Reasonable Financial Provision if the estate is large and even though what they have inherited in the will or intestacy is reasonable in all circumstances for them to have enough to live, they may be awarded more because the court has decided too much of the estate is not accounted for.

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