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Wills and Probate

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The importance of having a valid Will in the UK:

 

  • A Will eases probate proceedings in the UK. Without a valid Will, the distribution of assets takes longer, is more complex and costs more in terms of spending on qualified professionals. 

  • Without determinations within a Will, assets are distributed as provided by law, often not in the manner desired by the deceased. It is noted that distributions in the United Kingdom are made in a very different way from Brazil and for that we recommend reading Probate in the United Kingdom.

  • The Will must take into account the existence of other Wills outside the United Kingdom. If it is not well written in this sense, it can revoke a Will existing outside the United Kingdom, having the opposite effect to the testator's original will.

  • Inheritance tax in the UK is 40% (for wealth above a certain threshold). The Will allows for succession planning in order to often reduce the tax that would be applicable.

  • The Will is important for people with minor children or financial dependents. In this way, a guardian is appointed and institutes can be created to ensure that they are properly protected.

  • In case of the death of the parents and in the absence of a duly appointed guardian, it is up to the responsible court to verify the circumstances and appoint the best person as guardian. Until such a decision is taken, it may be determined that minors are in foster care. This procedure is even more complex if it involves guardians living abroad.

  • A sideways disinherintance can be avoided, in which, commonly and unintentionally, the couple's children do not receive inheritance from their parents, due to the surviving father's remarriage.

 

With due care, a simple Will can be done directly by the testator, without the need for it to be drawn up by a professional. However, it is preferable to have an executor or a personal representative to help. Fill in your details here:


For more complex cases, including the existence of real estate, life insurance, future receipt of inheritances, cohabitation and common-law marriages, divorce, among others, is of fundamental importance to discuss your specific circumstances with a qualified professional. We are available for CONSULTATION.

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