When you write your Will, you have the right to nominate whoever you want as beneficiaries of your estate. Even if you have children or are married, you are still entitled to nominate someone else to receive your estate, be it a family friend or a charity.
The only thing to bear in mind is that, once you die, if your relatives are unhappy with the Will they can contest it. Whether or not they are successful will largely depend on how well the Will is written (hence the importance of having a professionally drafted Will), whether they have any evidence to prove you were not in your right mind when you wrote it and whether they were dependent on you financially.
For further advice on writing a relative out of your Will, it is advisable to call and speak to one of our advisors who will be able to ensure that your Will is competently drafted so that there is as little chance as possible of the Will being successfully challenged.
If you need further help or advice on dealing with estate administration or require more information on Probate in general, please call The Probate Bureau‘s free helpline on 0800 028 2837
It is often considered that if a parent dies, the survivor will automatically become the sole legal guardian of that child. This is untrue. A mother automatically has parental responsibility for her child from birth, however the conditions for fathers gaining parental responsibility vary. A father only has automatic responsibility if he is married to the mother when the child is born or has acquired parental responsibility for his child through one of these three routes:
From the 1st Dec 2003, jointly registering the birth with the mother
- Parental Responsibility Agreement with the mother (prepared by a solicitor)
- Parental Responsibility Order made by a Court
Living with the mother even for a long time does not give a father parental responsibility and if the parents are not married, parental responsibility does not always pass to the natural father if the mother dies.
All parents (including adoptive parents) have a legal duty to financially support their child whether they have parental responsibility or not.
For this reason it is imperative for anyone with children to write a suitable Will which provides for both their welfare and financial security.
If you need further help or advice on dealing with estate administration or require more information on Probate or Wills in general, please call The Probate Bureau‘s free helpline on 0800 028 2837
Arguments and disputes can be traumatic enough at the best of times. Coming after the death of a loved one they can be soul destroying. Yet sadly too often just when people need the support and comfort of their nearest and dearest, the death of a loved one divides rather than unites.
Often these sad disputes could have been avoided altogether with a little foresight from the deceased and particularly ensuring the drawing up of a properly drafted Will. This is however of little or no consolation to the grieving relative faced with sorting out the mess that has been left behind.
In some instances, no matter what happens a dispute develops between families that usually requires professional mediation if the arguments are to be resolved.
Professional mediation needs a professional team of people to advise and guide families during a dispute. In such situations The Probate Bureau remains totally impartial and uses independent partners to conduct mediation. If you find yourself in a situation where you cannot resolve a family argument give The Probate Bureau a call.