Editorials Library

Excelsior Editorials

Lasting Power of Attorney

Personal and Business LPAs A lasting power of attorney (LPA) is a legal document where you (donor) can appoint one or more people (attorneys) to help you make decisions or to make decisions for you if you have an accident,  illness and cannot make your own decisions...

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Beneficiaries Age conditions in a Will

Many testators wish to leave gifts or a share of their estate to beneficiaries’ subject to them reaching a certain age, most often to the testator’s children and sometimes to others where they feel the beneficiary will be more mature and capable of managing an...

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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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