In CASE you missed it… Forfeiture rule excluded in tragic case of assisted suicide In this new regular feature, we will examine key cases in relation to will writing and other estate planning activities to keep you up to date on recent developments in the law. All cases covered will be recent, relevant, and widely…

We’re very often asked the following questions: ‘How do I know if my Will is valid?’; ‘How long does my Will stay valid for?’ and; ‘Can I make any changes to my Will?’ The following article will address these questions as well as some rumours that we’ve heard over the past few weeks regarding the…

Choose your Will Writer wisely If a Will Writer is a member of the Society of Will Writers and Estate Planning Practitioners, we expect that they abide by our three compulsory requirements of Membership.  These include ongoing training and development, code of practice compliance, and a comprehensive insurance policy to cover their estate planning activities. …

I had hoped that we would not see a return to the late nineties when low cost Wills, free Wills were rife within the profession. Unfortunately, we are seeing a resurgence of this practice, which is neither good news for the profession or the consumer as most clients who took these services believing they were…

When writing a will it’s important that you get your wishes down for who should be appointed as executors, trustees or guardians and how your estate should be distributed in a binding fashion. But what about your more general wishes for your estate, or for your children? A letter of wishes is a very useful…

We’re now well into the first month of 2019, the weather is getting colder, Christmas and New Year is but a distant memory and perhaps for some of us those New Year’s resolutions we made have faded too. This year however we implore you to make just one resolution and stick to it. In 2019,…

In the majority of cases where a beneficiary dies before a testator and there is no substitute beneficiary named then the gift is invalid and fails. This is the doctrine of lapse. Lapse can be avoided by naming substitute beneficiaries or by making gifts to classes of beneficiaries. The most notable exception to the doctrine…

Undue influence is the act of applying pressure on a person to coerce them, essentially overpowering the individual’s own will. In relation to wills this could be pressuring a person to include certain provisions in their will. This could be through outright threats to the testator, or by more subtle means. As Estate Planning Practitioners…