In an ideal world everyone would make a Will, and update them periodically when nothing is particularly pressing them to do so, other than the sensibility of getting their ducks in a row.
Usually, a particular life event prompts someone to, at the very least, contemplate making or updating a Will. This might be buying a property with or marrying a partner, having children or experiencing a loss.
Quite often the event causing someone to think about making or updating a Will, is a devastating diagnosis or sudden illness. The need for an urgent Will then arises but this can cause an array of problems for both the individual and, if instructed, their solicitor.
The steps to execute a valid Will involve taking detailed instructions with careful consideration of the family dynamics and Inheritance Tax position and then agreeing the terms of the Will. The solicitor must then prepare a draft for consideration and arrange formal execution in the presence of two witnesses once agreed. The person preparing the Will has to be satisfied that the person making the will has the required mental capacity to make a Will, and is doing so of their own free will, with knowledge and approval of the contents. Usually this will be done over a number of weeks. When time is of the essence, there can be a need to act very quickly, sometimes within days, or less.
A Will prepared urgently, especially by someone not experienced in writing Wills, can lead to mistakes, leaving it open to it being contested by any disgruntled beneficiaries after death. There may be no time to seek an expert medical report if mental capacity is in question, or, if a solicitor is used, to return to an office to prepare a Will using standard precedents, instead requiring a handwritten Will that needs a signature immediately.
If you or a family need an urgent Will, for whatever the reason, first of all, you have our deepest sympathies. At Allan Janes we are experienced in handling urgent matters with the utmost professionalism to ensure that your Will is valid and wishes are upheld after death.
If you require an urgent Will, please contact Jen Bleby on 01494 893526 or by email.