A carefully drafted Will enables an individual to determine how their estate should be administered and distributed following their death. It can appoint executors, identify beneficiaries, nominate guardians for minor children and establish trusts for particular family or financial circumstances.
Without a valid Will, an estate will generally be distributed under the statutory intestacy rules. These rules may not reflect the individual’s wishes, family relationships or personal circumstances. The absence of a Will may create additional uncertainty, particularly where the estate includes business interests, overseas assets or beneficiaries in different jurisdictions.
Our London office assists individuals, business owners, investors, directors and families with international assets or connections with preparing Wills under the law of England and Wales.
El marc legal
Wills in England and Wales are principally governed by the Wills Act 1837, as amended. For a Will to be valid, the person making it, known as the testator, must ordinarily be at least 18 years old, possess the necessary testamentary capacity and act voluntarily.
The Will must be in writing and signed by the testator, or by another person in the testator’s presence and at their direction. The signature must be made or acknowledged in the presence of two witnesses who are present at the same time. Each witness must then sign the Will in the testator’s presence.
The choice of witnesses requires care. A gift made to a witness, or generally to the witness’s spouse or civil partner, may fail even if the remainder of the Will remains valid. Independent adult witnesses should therefore normally be used.
Marriage or civil partnership can revoke an existing Will unless it was made in contemplation of that particular marriage or civil partnership. Divorce, dissolution and other significant changes in personal or financial circumstances may also affect how a Will operates. Regular review is therefore important.
The Will-drafting process
Our work usually begins with a detailed discussion of the client’s family circumstances, assets and intended beneficiaries. We also consider business interests, existing trusts, previous Wills and connections with other jurisdictions.
El procés pot incloure:
Where relevant, the Will should be coordinated with shareholders’ agreements, partnership arrangements, trusts, pension nominations and insurance policies. A Will cannot necessarily override separate contractual or ownership arrangements governing how an asset passes on death.
International and cross-border estates
Clients with assets, business interests or family connections outside England and Wales may require additional planning. Different jurisdictions may apply different succession laws, inheritance taxes and formal requirements.
In some cases, separate Wills may be appropriate for assets situated in different countries. However, they must be carefully coordinated to avoid inconsistent provisions or the accidental revocation of another Will.
Com us podem ajudar
We prepare Wills tailored to each client’s family circumstances, assets and long-term objectives. We can advise on executors, guardians, gifts, trusts, business succession and coordination with existing corporate or estate-planning arrangements.
Our multilingual team provides assistance in English, Hungarian, German, Spanish, Russian and Turkish. Where necessary, we can also coordinate with foreign lawyers, tax advisers and other professionals to support a coherent cross-border succession plan.
Professional advice can help reduce the risk of uncertainty, defective execution and future disputes, while ensuring that the client’s wishes are recorded in a clear and legally effective form.
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