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…

With family situations and taxation becoming ever more complex, the need to give correct advice is essential and not only to ensure your client’s peace of mind, but also for your own protection. With that said it’s likely that at some point in your career as an Estate Planner you’re going to get a question…

Every year on New Year’s Day, people across the country, announce their plans for the coming year. Many people create a New Year’s resolution – a pledge or change that they will be making over the coming days, weeks and months. Surveys and stats suggest that many people will have broken their New Year’s Resolution…

On behalf of the Society of Will Writers and the College of Will Writing, the team here in Lincoln wish you all a happy, healthy and prosperous New Year for 2019. Some of you will have seen that I’ve written several articles on starting up in business in general, now as 2019 is beginning to…

Spouses and civil partners are afforded certain benefits when it comes to succession law; benefiting from favourable inheritance rights on intestacy and quite generous inheritance tax exemptions. But what if someone practiced polygamy and dies leaving behind multiple spouses? This is a point of law that our courts have been asked to consider in a…

What is a Will and why should you write one? A Will is an important legal document in which the Will maker (also known as a testator) can state how they would like their belongings (assets, chattels and property) to be distributed when they are no longer around. The document also gives specified people (called…

The Society of Will Writers is a non-profit making self regulatory organisation which seeks to protect the public and serve the interests of those men and women who are active professionals in our field. The Society has set itself two main tasks: To promote to the public at large the real need and sense in…