Important points to consider when making a Will
When you make a Will, there are many important points to consider such as who your executors will be, if you have children, who will be named guardian, and who are your beneficiaries. The following are two other important points to bear in mind if you are thinking about making your Will.
Do you have property in another country?
The law which decides which legal system should apply to distribution of your estate after you have died is quite complex and in the following I can only tease out minor points to remember.
If you are an English national and you have a house in a foreign country the law of that country will apply to how that property is passed. So, if for instance I have a house in Turkey, this property will be subject to Turkish law, and I could not use my English Will to decide to whom this property should pass.
For a time, if the property was located in a country that had signed up to the European Union Brussels IV protocol, for instance a holiday home in France or Spain, and you wanted the property in that country to pass according to your English Will, then an election to have the law of England and Wales to apply would be in your Will. Given the UK has decided to leave the EU this appears to no longer be available. The picture will only be clear once negotiations are finally concluded and the UK leaves the EU.
Until this time the best advice is to seek the guidance of the legal professionals in the country in which the foreign property is located.
Who can be a witness for your Will?
Having your Will signed and witnessed makes your Will valid in the eyes of the law.
It is important to make sure the people who act as your witness when you sign your Will are not related to you in anyway nor are they related to any of the people who are to obtain a benefit from your estate.
If a witness to your Will is a beneficiary, or a spouse of a beneficiary, then parts of the Will would be invalid.
These are just two of many very important matters to bear in mind when thinking about making your Will. The forethought and your actions can make your passing a little less burdensome on those you leave behind.
What to do next:
Contact us here or call us on 03455 20 30 40 to discuss your personal situation and to
- Plan for your future
- Protect your assets and
- Preserve your estate for your loved ones
Author; Kevin Norcross TEP, Paralegal