Why Is It Important To Remember Where Your Will Is?
“Why Is It Important To Remember Where Your Will Is?” Timms Sara Hilliard discusses in her latest blog…
When you come to Timms and instruct us to prepare your Will, we will always ask, amongst many other things, if you have made a previous Will and, if so, where it is stored.
Why Do We Ask This?
1. Upon your death, if your chosen executors do not know where you made your Will, they will often ring round local Solicitors and make enquiries on-line. If you have left an old Will in storage with a firm and it is found, then the search may end there and that Will relied on as the last one, even though you made a later one with another firm.
2. It is important that as advisors, we understand the terms of your last Will and the reasons why you wish to change it. The reason being, the beneficiaries under your last Will (who are no longer included or whose share is reduced) may well try and claim against your estate by alleging that you were not of sound mind when making the new Will, thus challenging its validity. If successful, the old Will would be overturned, and the provisions of your old Will would take effect.
3. If your previous Will was made with another firm then that firm may be holding other documents on your behalf such as your deeds or a power of attorney which you may have forgotten about. We routinely ask other firms to confirm what other documents they are holding so that all of your documents can be stored in one place.
How Can Timms Help?
At Timms we have ‘executor cards’ for you to hand to your executors once your Will has been completed so that they know who to contact after you have passed.
If you need help and assistance drafting a Will, please do not hesitate to call me on 01332 364436 or email me at s.hilliard@timms-law.com. Alternatively, you can visit the Wills and Probate section of our website here.
August 2022