Lawyer Destroyer

This is a question that comes up frequently for people who own property or other assets in more than one country, and the answer is nuanced. The short answer: You do not strictly need separate wills, but in many cases it is strongly advisable to have them. Why a single will can cause problems: A … Read more

Yes, a will made in England and Wales can include assets held abroad. There is no legal prohibition on referring to foreign assets in an English will. However, the practical position is more nuanced than it might first appear, and the approach you take matters a great deal. Legal position: Under English law, a testator … Read more

This is a common and understandably distressing situation. The legal and practical position depends on several factors, so let me walk through this carefully. Who is entitled to the deceased's property: When someone dies, their property immediately vests in their personal representatives. If there is a will, this means the executors named in it. If … Read more

This is a common and often emotionally charged area of estate administration. The short answer is that it depends on what the will says, but the executor does have legal authority that many beneficiaries do not fully appreciate. Legal position: An executor has legal ownership of all the deceased's assets from the moment of death, … Read more

Yes, a beneficiary has a well-established right to request a full accounting of estate spending from the personal representatives, meaning the executors or administrators handling the estate. Legal basis: Executors and administrators are fiduciaries. They owe duties to the beneficiaries to administer the estate properly, to keep accurate records, and to account for their dealings … Read more

This is an increasingly important area of law in England and Wales, and one where the legal framework is still catching up with modern reality. Here is the current position and the practical considerations. General legal position: When a person dies, their personal representatives (executors if there is a will, or administrators if there is … Read more

This is a really important area where many people get caught out, and the answer is more nuanced than a simple yes or no. General position: Most pension schemes operate outside of a person's estate for inheritance purposes. This means that a pension death benefit is typically not governed by the will at all. Instead, … Read more

This is an important area and the rules differ significantly between pensions and life insurance, so I will deal with each in turn. Pensions on death: The position depends on the type of pension and when death occurs. Defined contribution pensions (including personal pensions, SIPPs, and most workplace pensions): If the member dies before age … Read more

This is a question that comes up quite often, and the short answer is no, a letter of wishes cannot override a will. However, the fuller picture is worth understanding because letters of wishes do serve an important practical function in certain contexts. Legal position: A will is a legally binding document that, provided it … Read more

No-contest clauses in wills, sometimes called "in terrorem" clauses, have a limited and somewhat uncertain status in England and Wales. Here is the position. What a no-contest clause does: A no-contest clause typically says that if a beneficiary challenges the will, they forfeit their entitlement under it. The idea is to deter challenges by making … Read more

This is a very common question and the short answer is that English law does not allow someone to challenge a will simply because they think it is unfair. The testator, the person who made the will, has a general right to leave their estate to whoever they wish. There is no legal requirement to … Read more

This is an important question and the answer depends on a number of factors. A will signed shortly before death is not automatically invalid, but it is more likely to attract scrutiny and potential challenge. Here is the legal position and the practical considerations. Validity requirements: A will must comply with section 9 of the … Read more

This is a surprisingly common question, and the answer depends heavily on when and how the handwritten change was made. The legal framework: The validity of wills in England and Wales is governed by the Wills Act 1837, as amended. Section 9 sets out the formal requirements for a valid will, and those same requirements … Read more

Yes, a will can be challenged on the ground that the deceased was subjected to undue influence when making it. This is one of the recognised grounds for contesting a will in England and Wales, though it is notoriously difficult to prove in practice. The legal framework: Undue influence in the context of wills means … Read more