As a Legal Assistant within Private Client Department, I speak to families when they are grieving for the loss of someone close. I try to help families as this is such a difficult time and it can be very upsetting if the Will no longer reflects their wishes as it hasn’t been updated for many years.
The Will can only be released to the Executor named within the Will. The Executor is legally responsible for handling the Estate. Unfortunately, only too often, this person is either estranged from the family or no longer has mental capacity and living in a care home. In these situations, the Will can’t be released to the Executor or to the family.
If the Executor no longer has the mental capacity to act, this can result in a long and expensive process of obtaining permission from the Court of Protection before a Grant of Probate can be obtained.
Whilst reviewing your Executors, it would also be a good time to review your beneficiaries and consider who you would most like to inherit your estate.
It’s very easy to put a Will into place and not to amend for many years even as your family changes. We would suggest you review your Will at least every 5 years to see if it reflects your current wishes and is appropriate, taking into consideration any changes within your family.
If you wish to review your Will, please contact a member of the Private Client Department and we will be very happy to help.
