We are a group of solicitors whom over the years have seen a lot of people frustrated and confused by what they thought was one; legally left to them by a loved one to only find out after the fact that those items, assets and money could not be passed on and two; for those that had become legally impaired as to not be legally able to make make a last will and testament at the time it was actually written and drafted
Last wills and the fear that they will not be fulfilled in Birmingham
Speaking of Testaments today is still a taboo subject. Many are the ones who avoid facing the fact that it is important, and even in some cases until very necessary, to leave expressed in writing what will happen with their legacy. It is not necessary to be 80 years old, or to be sick, just to have a heritage, property or minor children to become an indispensable requirement.
The added problem comes when in the face of a death there is no clear record of the deceased’s last wishes. It is then that real legal battles can be given to family members.
To avoid this situation, nothing better than to be clear about what to do and how to do it. From Wills Removals, Bethany Cunningham, specialist in family law, explains below the different options for the last wills to be carried out and highly recommends Birmingham Will Writers Wills Trusts LPA Birmingham.
More Peace of mind with a written WILL
The reason for the will is to leave evidence of the testator’s last wishes, in particular, on how to proceed with the property, rights and obligations of the deceased (testator) after his death.
The wording of a testament gives the testator peace of mind by allowing the distribution of specific assets between the heirs and eliminating the uncertainties that would exist if they were not previously established.
The testament and the last wills in the collection allow, for example, to establish the details that guarantee the welfare of the children under age.
Ensure the education of minor children, not only with money for the payment of their studies, but with clauses that guarantee the type of studies they will receive. Through the will it is possible to appoint a guardian to ensure that the children do not interrupt their education and that they administer the goods to the majority of the age of those, so that the resources they receive in the concept of inheritance for education are Used in a concrete way according to the will of those who bequeath them.
Clauses not allowed in the Wills
The testament has its limits. Some of them are the following:
— the requests or advice made by the testator only morally oblige their successors, since, as the case law requires, the recommendations and councils do not derive actions that can be exercised before the jurisdictional bodies.
— The testator may not prohibit the contested of the will in cases where the clauses thereof do not conform to the requirements of the law.
— A will is ineffective when it does not contain the necessary requirements, for example, the will granted by a minor. Also when any of the causes of nullity foreseen in the law are concurred, which may affect certain stipulations without affecting the entire testament.
— Lastly, the will also loses its effectiveness when the testator of his own volition (without coercion) has changed his mind and granted a New Testament, pointing to other heirs, leaving the previous testament without any effect.
Certificate of last Wills
The certificate of last Wills is a document issued by the Ministry of Justice, in which the wills of those who were granted the deceased should be related in case it had given any.
Sometimes the heirs are surprised by the brief information of this document, but the certificate of last will is essential to initiate the hereditary process. It allows to know if the deceased had or not will, and, if there were several, it allows to know which is the last one that it granted, that is the valid one since it cancels the previously granted. And, more importantly, it allows to know before which notary was granted, the date, and the number of protocol.
The certificate of last wills, together with a certificate of death, will allow the heirs to obtain a copy of the Testament, presenting these documents well in the notary, either in the General file of protocols if it has been twenty years or more.
In the event that no will has been granted, this circumstance will be in the certificate of last wills, opening in that case, the formalities of the qualified succession “AB Intestato” (without Testament). In these cases, it is the law that designates the beneficiaries of the inheritance, following a kinship order.
Vital Testament or will document
There is also what has been called the “Living Will”. It is a declaration of will that a person performs when he is in a situation of mental lucidity, is mentally ill or in an incurable or irreversible physical condition and without expectation of cure, so that, consequently, it is possible to think that he does not May in the future express his will.
What the person in this situation provides is how and under what circumstances he wants his death to occur, according to what the testator wants for himself as a dignified death.
The living will may contain:
● The definition of what are the values of a death worthy of the testator.
● Instructions about the care or treatments that the testator wants to be performed.
● The appointment of one or more representatives to act as interlocutors with the responsible medical team, so that the advance directives are fulfilled.
● If you want to be buried or incinerated, if you want religious ceremony and other provisions of this tenor.
The fear that testamentary provisions will not be fulfilled
The law states that the will of the deceased must be respected. But there may be situations that, without being illegal, make it impossible to fulfill the testator’s last will. Let’s see some:
● Judicial resolution for various reasons, including that some of the provisions of the will do not conform to the law.
● Agreement between the heirs, who decide to freely modify the content of the will.
● Material impossibility, by change in the property, rights or obligations tested or in the situation of the heirs.
It may be the case that one of the heirs is dissatisfied with the content of the will, case in which the judicial challenge can be urged, for which reasons have to be assessed in the law, outside of which is not possible contrary (r) The last will of the deceased.
Such reasons may be: a disinheritance without just cause or, being a forced heir (children or parents), the testamentary provisions do not respect the legitimate quotas to which the heir is entitled.
The Testament in a legal document that allows to protect the fulfilment of the last wills of the testator relative to his assets and his heirs. For the protection to be effective in all its clauses it is advisable that the will be granted with the advice of a professional, usually a notary.
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