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Helping A Loved One With A Will? Here Are Some Issues You Need To Be Aware Of


helping to write a will image

 We don’t need to tell you how difficult the process of dealing with a will can be. There are so many emotional elements tangled up in the whole ordeal, and that is the case even if there are no big disagreements or major issues to deal with. We have all been in a situation where the will has been contested. We all know someone in our family or close circle who has fallen out with people for good over a disagreement in a will. It is a natural result of it being a combination of a heated personal matter and something that frequently involves a sum of money, or something as treasured as a family home.

If you find yourself in a position where you need to step in and help a loved one with either writing or executing a will, then you are stepping into a volatile situation. There has been a rise in family arguments over inheritance since last year and things may get difficult for you if you are perceived as an outsider. However, there are plenty of ways that you can get through the process with as little difficulty as possible, and doing your homework beforehand is vital. Here are a few tips to help you.

You Will Need To Leave Your Emotions Out Of It

One of the most frequent reasons why someone may ask for your help with a will is because they have realised that they cannot separate their emotional involvement from the process. If you are stepping to assist, then you are accepting the responsibility of staying detached. That means that you need to be the one asking the tough questions.

If you are helping someone to sort their assets for their estate, then you need to be the one reminding the person in question that this is a process that needs to get done. If you are helping someone sort through a will that has been left to them to execute, you need to be the one who advises that a solicitor might be needed. You will have to deal with the fact that some people are not going to be happy.

You Need To Know When Something Has Become A Legal Matter

We all hope that the settling of a loved one’s estate will go smoothly. In an ideal world, everyone would show up at the appointed time, find out what they have inherited, and go on about their lives. But settling an estate is always going to be more complicated than you think it will, and it helps to have an expert on hand. Why would you need a lawyer to help you with a will? There are a wide range of different scenarios, that vary from something as drastic as wanting to relieve the current executor of their duties because you feel that they are not impartial to wanting to raise an issue with the terms of the trust that have been laid out.

One of the most common reasons for bringing a solicitor into the proceedings is because someone wants to contest or dispute a will. This often happens if someone feels that they have been left out of a will when they should not have been, and if this is the case then you may want to help them make a claim under the Inheritance Act. The Inheritance Act allows certain people to make a claim for financial provision from the estate of the deceased, and it is there to help relatives and spouses to enjoy the same standard of life as they did before the death of the person in question. If you feel as though they are entitled to make such a claim, then talk to the team at Hugh James. They have a proven track record of helping people with just this type of issue, as well as many other disputes and claims related to wills and trusts.

You Need To Be Prepared For The Long Haul

In an ideal world, an estate would be settled quickly, and everyone could move on. But the truth of the matter is that it always takes longer than the parties involved would like. There are several factors that can lead to delays in settling someone’s estate. The disputes mentioned above are just a few examples. There is also the question of the executor’s suitability, as it is possible that the person chosen is no longer in a fit state to perform their duties, is no longer in the country, or is no longer with is.

There is also the question of finding the relatives and other named parties in the will. When you are helping a loved one through this process, these delays can take their toll. The pandemic has been difficult enough on everyone, and we have all read about the ways in which it has affected our mental health, especially the older generation. When you factor in the death of a relative or partner, it can be easy to start to struggle. Make sure that you keep checking in how they are doing even as you help them through the paperwork and minutiae.

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