It is commonplace for people to appoint siblings or friends as their executors. When they do and they are of a similar age, there is a risk element that when the person who has made the will dies, the proposed executor will have predeceased them or possibly lack the mental capacity to act as executor.
Wills & Trusts
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A ‘striking shift’ in the number of people making or updating wills during the pandemic – but warned that the ‘overwhelming majority’ of people still do not have their affairs in order. In a survey conducted in late June, 7% of respondents said they had made or updated their will during the first UK-wide lockdown.
A probate specialist has highlighted a range of problems arising from virtually-witnessed wills, saying the multi-stage process is ‘pretty unattractive’ for practitioners. Professor Lesley King, professional development consultant at the University of Law, said the remote system can cause delays because the will has to be physically signed by three people – the testator and
The risks associated with creating a homemade Will were made starkly apparent recently in a matter dealt with by Gaby Hardwicke. The executor under the Will was one of the deceased woman’s sons. He used his own solicitors, not Gaby Hardwicke, to obtain a grant of probate, and he then distributed the net proceeds of