Many people think that a Will
isn't important but they couldn't be more wrong!.
Letters that have been signed but
not witnessed count for nothing, verbal instructions are only valid
if they are given by a soldier on the battlefield!
A Will is the instrument by which
money, real estate, and personal property are distributed after your
death. Common Law, the system upon which some countries base their
Laws, allows each of us to say freely to whom our possessions are
given when we no longer need them.
In the absence of a Will that fulfills
the legal requirements of clarity, pristine condition and correct
attestation (signing and witnessing), the Rules of Intestacy are
brought to bear. These are imposed by the government and vary from
country to country and, indeed, from state to state in places like
Australia and the USA and Canada.
In the UK, for instance, a limited
amount (presently £300) is allowed to pass from husband to wife;
anything over that is divided between the spouse and the children
and put into trust, in other words the capital is not available.
Similar Rules apply in Hong Kong, Australia, etc.
The
government does not allow you to depart from this life leaving loose
ends. If you don't write a will you must make do with a default version.
In some cases this can work quite well, but in a situation where
there are substantial assets the opportunity to put in place some
financial arrangements that will reduce the size of your estate are
sacrificed and largely to the Inland Revenue unless you look at doing
a Will and thinking about your tax positions. The appointment of
Guardians, especially if the children are small, is essential.
In
mediaeval times in England, the 'common' people - those who owned
nothing and were subservient to the aristocracy, were allowed by
an Act of Parliament in the reign of King John to possess the small
strips of land on which they used to grow their own crops.
Animals grazed on Common land (the
property of everyone). This right was confirmed by a Title Deed which
defined the boundaries of the property. With it went the right to
pass the land to another person, usually a child. Of course in those
days that would be the eldest son. In the passing on of property,
Taxes were imposed.
Today's Wills are sophisticated
documents by comparison but the principles haven't changed. The conscientious
and responsible property owner takes the time and trouble to think
about the consequences of an untimely death and provide clear instructions
to his or her family so that the Will can be administered quickly
and effectively.
Before you instruct your professional
adviser, take time to think who you want to put in charge of administering
the Will, who should be responsible for your children and what happens
if your main beneficiaries die with you.
It is a job that almost everyone
puts off - or perhaps puts it in the too-hard basket. It doesn't
have to be a painful experience. We do our best to make the process
as relaxed as possible. The peace of mind that comes knowing that
this small but important job is finished is well worth the time and
effort spent in completing the task.

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