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Age-old problem of updating bequests.


IF your house has been appreciating in value, either gradually over a number of years or abruptly thanks to temporary booms, you may want to think about your will.

Odds are high that you are one of many people with substantial assets and no will, or an outdated one.

Many people have wills that have not kept pace with the property and shares bull markets and other changes.

A new spouse, one or more new grandchildren GRANDCHILDREN, domestic relations. The children of one's children. Sometimes these may claim bequests given in a will to children, though in general they can make no such claim. 6 Co. 16.  or other changing circumstances might warrant a fresh approach to your legacy. Marriage cancels previous wills. If you make a will and marry or re-marry, your old will is invalid.

At least one circumstance definitely changes over time. People age. A beneficiary who was a teenager when you wrote your will is suddenly an adult.

In our high-reward dot-com economic culture, the son, daughter, niece NIECE, domestic relations: The daughter of a person's brother or sister. Amb. 514; 1 Jacob's Ch. R. 207.  or nephew you designated as your beneficiary a decade ago may now be fairly well-off. You may want to adjust your bequests accordingly.

According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the Law Society: 'Far too many people do not review their wills often enough. If people do not make a will, they have no say over how their estate is divided after their death.

'Forty per cent of the population die intestate The description of a person who dies without making a valid will or the reference made to this condition.


intestate adj. referring to a situation where a person dies without leaving a valid will.
, which means that their possessions are divided according to a formula set by the Government.'

But the Consumers' Association The Consumers' Association, which trades as Which?, is a charity, registered in England and Wales No 296072. Which? Ltd is its wholly owned trading subsidiary. It is a consumer rights organisation in the UK, founded in 1957 by Michael Young.  has some cautionary advice. People consult banks and insurance companies in addition to solicitors to have wills drafted. Some people write their own wills, either with the help of a kit or entirely on their own.

Writing your own will is definitely tricky, especially for people with sizeable or complicated affairs.

'If you have been divorced, your affairs easily might fall into the complicated category.

But putting your affairs into the hands of a professional is no guarantee either. A few years ago, the Consumers' Association found that many wills written by solicitors and specialist will-writers were poorly drafted.

Banks have a tendency to appoint themselves as executors, and for good reason. They reap a fat fee which reduces the pot for your other beneficiaries.

Given free rein, some solicitors also appoint themselves as executors and, again, this is an expensive way to proceed. An executor executor n. the person appointed to administer the estate of a person who has died leaving a will which nominates that person. Unless there is a valid objection, the judge will appoint the person named in the will to be executor.  who is, say, a close family friend can instruct a solicitor on an as-needed basis.

How do you know if a solicitor has drafted your will poorly?

Your first step should be to read the will carefully and trust your own judgment if something seems unclear or mistaken.

Start with your own checklist that itemises such things as your assets, your beneficiaries and the amounts you want to leave to each.

In preparing a checklist, consult a guidebook, such as the Wills and Probate probate (prō`bāt), in law, the certification by a court that a will is valid. Probate, which is governed by various statutes in the several states of the United States, is required before the will can take effect.  Which Consumer Guide. In addition to explaining in detail the benefits of having a will, such guidebooks also tell you what your will should say and how it should say it.

A simple error can invalidate in·val·i·date  
tr.v. in·val·i·dat·ed, in·val·i·dat·ing, in·val·i·dates
To make invalid; nullify.



in·val
 a will. Guidebooks of this sort are essential reading for anyone who contemplates writing their own will, or has already done so and is worried that they may have botched botch  
tr.v. botched, botch·ing, botch·es
1. To ruin through clumsiness.

2. To make or perform clumsily; bungle.

3. To repair or mend clumsily.

n.
1.
 it.

One of the trickiest aspects of writing a will is psychological, not legal. When do you write your own will? How and when do you encourage others, such as parents, to write or revise their wills?

I had my will written by the solicitor handling my house purchase, but I should have had a will much sooner. In starting to save for the house, I accumulated assets well in advance of the actual purchase.

Many people shy away from Verb 1. shy away from - avoid having to deal with some unpleasant task; "I shy away from this task"
avoid - stay clear from; keep away from; keep out of the way of someone or something; "Her former friends now avoid her"
 discussing wills with parents, fearful lest they be thought morbid morbid /mor·bid/ (mor´bid)
1. pertaining to, affected with, or inducing disease; diseased.

2. unhealthy or unwholesome.

3.
 or greedy. There are no easy answers in such delicate matters other than to bite the bullet. A painful conversation now will almost certainly be preferable to a messy inheritance scrap later.
COPYRIGHT 2000 Birmingham Post & Mail Ltd
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Copyright 2000 Gale, Cengage Learning. All rights reserved.

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Article Details
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Author:Liebman, Robert
Publication:Sunday Mercury (Birmingham, England)
Date:Jul 2, 2000
Words:645
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