One of the facts of life is that each individual arrives on this planet with empty hands and leaves in the same manner leaving behind assets gathered over a lifetime. Everything that the individual earns in terms of property, money, estate, amenities etc is left behind for his successors. Will writing is a document prepared by an individual which states how the property and the estate would be distributed amongst the loved ones after his death. Usually, the individual nominates one individual who is responsible for making sure that the distribution of the wealth and estate is done exactly as per the will. Usually, the nominated person is a lawyer. This person is known as the executor. However, many a times, death might visit the doorstep without any prior warning and hence not all people that die have had the forethought to make out a Will. In the absence of a will, a few legal complications are bound to arise. Hence, it is highly recommended that one must engage in will writing beforehand to avoid any future legal complications. Here are some of the problems that arise in the absence of a will.
Dispute amongst loved ones
Each individual expects an equal share of the wealth and estate, if not more. In case of no will, the law itself hands over the responsibility to an individual to ensure that the distribution of the wealth and property is carried out in an equitable and just manner. However, this scenario is not something that every loved one would cherish. This is mainly because of the fact that the distribution takes place on the basis of assumptions and hence many a times people feel that they have received less than what they would have got had the person made a will. This further leads to many complications and in some cases such domestic fights and rivalries have taken a very ugly stand with protracted legal proceedings.
Loss of wealth and property
There is every chance that all your property and estate might well end up in the custody of the government. This usually happens when the individual did not have any relatives and did not have the good sense to engage in a will writing exercise and passed away without bequeathing his property. According to the law, the first preference is always given to the spouse. Hence, if the individual does have a spouse then the major chunk of the estate would devolve on his spouse. However, in the absence of a spouse and other relatives the government can rightly declare all the property and estate to be theirs by law. Individuals who are in a relationship but are not married need to ensure that they prepare a will. This is mainly because the person with whom you are in a relationship would not be eligible to have any of your wealth and property without the will but might lay a claim after your passing.
Your last wishes
The process of will writing not only delineates the distribution of your estate, but it also has your last wishes printed inside. Many individuals mention whether they would like to be cremated or buried after death. Some individuals also like to donate to charity after their death. There are also a few individuals who wish to donate any of their body parts immediately on death to benefit someone in need. Such considerations are mentioned in a will which is promptly read and executed on his passing away. A will makes the passage of assets safe and smooth process for the successors and assigns. Since it can be modified any number of times, there is no harm in making a will early on.
Punch Robson solicitors are a professional and approachable firm. We will try to make your dealings with the legal system, whatever the reason for it, as straightforward and stress-free as possible. We are never high-handed or judgemental, and strongly believe in gaining a full understanding of our clients’ needs and circumstances in order to help them in the best way possible. Visit
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