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Warning - particularly as you are getting older

Note:  Please please please do not change or create a Will in favour of anyone who has to persuade you to do so and/or comes into your later life suddenly, eg a "helpful neighbour" or family member until you have discussed it with someone else you trust.  If you dont know who to talk to, call Age UK Befriending Service to stay safe and combat loneliness. They will call you every week and you can call them for advice and support. 

https://www.ageuk.org.uk/services/befriending-services/ 

 

Then discuss your wishes only with an experienced accredited person who has been recommended by someone you trust or that you have discussed what your doing beforehand. 

 

There are too many exploitation stories to not make this plea.  Whilst we as professionals must absolutely make a Will according to your wishes, any professional should record on file if there is any appearance of duress or persuasion.  Any professional should have explored the whole picture and recorded the discussions.  You must always be properly advised of your position before you commit to your Will.

 

We change as we get older.  We can be lonelier and more dependent on others which sometimes makes it harder to make good decisions.  It can be very easy to be manipulated without us even knowing, and you dont have to be getting on in years for that to happen.

 

So pick your Will making professionals carefully. 

Only use a Will Writer who is recommended or accredited that you have spoken to, not brought to you by someone else.  The Society of Will Writers or Law Society can help

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Think twice before changing your Will in favour of someone different in later life, even if its family, no matter how persuasive they may be.  If in doubt, talk to someone independently about it, like us, a solicitor, your GP or AgeUK.

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Stay Safe  Think Twice

Beware Free Will Offers

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These generally are not free at all.  You will often be required to sign over a percentage of your estate upon your death, in favour of the organisation offering the free Will.  This can amount to a substantial sum and is a poor exchange for deferring the cost of a Will.  Your Will is a necessity so if cost is an issue, discuss with us whether you are eligible for an instalment plan.  There are times in our lives where we can be asset rich, and cash flow poor.

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In addition, since Wills & Estate Planning was deregulated to allow those other than solicitors to make Wills, combined with the law on contesting Wills appearing to soften a little via case law, combined with the changing nature of families and remarriages, the Courts are inundated with matters surrounding Wills, so much so they are heavily encouraging the use of mediation to lighten the load.

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As such, under discussion with the government with consultation from SWEPP too, is the introduction of greater regulation surrounding Wills.  

 

It is an area that is a lot more complex than people have come to believe and you only have to pick up a book on the Law of Succession to see this.  Making it easier for people to make their own Wills and have the ability to buy an "off the shelf" Will has lead people to the incorrect assumption that the subject does not require careful thought and thus, the courts are now overloaded.  This in turn has led to large organisations minimising the care and consultation that is required to maximise profits, even though they appear to adhere to the current rules, and again, problems have developed.  Even solicitors have looked into ways to automate will making as much as possible because, due to these changes, the cost of a Will has drastically gone down yet it is labour intensive and expensive to make.  This has created the perfect storm.  Correct consultation and planning with the client is essential.

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There is a reason why us legal consultants practicing in this area have to have significant insurance premiums.  It is complex and easy to get wrong results as the twists and turns in peoples lives never stop, and, it is to ensure that you the client, are protected.

© 2023 by Tipi Wills & Mediation   

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You will receive a Will Storage Card after you have completed your Will and any other documents created with us.  This is business card size so that it can be stored in your purse or wallet.  It is unfortunately common for there to be a Will but no Will can be found.  Please ask if you would like more than one card.

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