Posted in Private Wealth
Writing a will is one of the most important documents we have to think about in life. We work hard for the assets that we accumulate and it is only right that we would want to ensure that they go to the people we most care about.
Will writing is currently unregulated; this means that one need not be a probate solicitor to draft a Will. It also means that the will writing companies are not regulated or bound by any standard to ensure that you receive the best service possible.
More and more often, we are seeing clients come to us for assistance in dealing with problematic Wills which have been executed without proper advice and care. This not only causes administrative problems for the executors for the estate but it also partly explains the significant rise in contentious probate matters.
The attestation clause of the will is a very important element of the Will. It lets the reader know that the testator has read, understood and agreed to the contents of their Will. A poorly drafted attestation clause could lead to your Will not being approved by the Probate Registrar. The effect this would have is that you could be considered to have died intestate despite having left a Will stating your wishes.
For example, if you do not read and write English, the attestation clause would need to state that the Will has been properly read and explained to you. Even the testator signing in capital letters could prevent the Will being proved before the Probate Registrar if the attestation clause does not account for this unusual signature. Our probate solicitor is often asked to deal with such situations as it can be a precursor to a challenge for a Will.
The probate solicitor at Pindoria Solicitors pay close attention to detail and take extra care to ensure that you are advised in accordance to your specific situation and that your Will is drafted to a high standard.