Editorials Library

Excelsior Editorials

Wills statistics – the reality!

Benjamin Franklin said ‘in this world, nothing is certain except death and taxes’ So why don’t we all have a Will that states who we want to inherit our hard-earned assets? The most common opinions are: I don’t have time to make a Will I can’t think about that now...

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Co – Habiting

In most countries, if someone dies without a Will, family members will inherit their estate according to the intestacy rules in the country they died in. This means that co-habitees would not inherit anything from their partner’s estate. Of course, this can be very...

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Disinheriting someone in a will

In some countries, it is not possible to disinherit a family member in your will because forced heirship removes the freedom to do so. It determines which heirs are entitled to receive the assets of a deceased person. The rules vary from country to country, but in...

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Rules of Intestacy

When someone dies and has not made a Will, they are deemed to have died ‘Intestate’. If there is no Will, any beneficiaries will inherit according to the Intestacy Rules of the country where the assets are situated. Intestacy laws across the world will vary by...

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Requirements of a legally binding will

The requirements of a valid will are generally the same throughout the world with only a few exceptions. For a will to be legally binding a number of requirements must be met. They are complex, and professional advice should always be sought before making a will. If...

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Challenging the validity of a Will

Although you take every care to make sure your Will is correct legally and according to your wishes, there is always the possibility that someone will claim that your Will is not valid. According to the laws of England & Wales, a Will can only be challenged on the...

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Lasting Power of Attorney (LPA) and why it’s so important

Quite simply, an LPA allows you (donor) to elect one or more people to act on your behalf if you lose mental capacity, either temporarily or permanently. It lasts during your lifetime because, on your death, your Will would take effect. Temporary loss of capacity may,...

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Appointing Trustees in your Will

A “trustee” is a person who is legally responsible for assets held in a “trust”. When a Will is drafted, it sometimes appoints Trustees as well as Executors. The role of Executor is to administer the deceased’s Estate, but the Trustees are there to manage any ongoing...

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The Role of an Executor of a Last Will & Testament

Typically, when someone makes their Will, they will choose a relative or friend to be their executor and usually, that person agrees. But do they really understand and appreciate their responsibilities? As an executor, when someone close to you passes away, it is an...

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Why make a Will?

You may think that you are immortal or tempting fate if you make a Will. Many people steer clear of the matter of dying and planning for when they are no longer here, thinking of it as a morbid subject. This is certain – we will all die and death can happen at any...

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International Wills

Making your Will can be a complicated and thought-provoking process at the best of times and many of us do not regard it as a priority. When you have assets overseas, including offshore, making a Will is vital because countries have differing laws on how your assets...

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