Let’s talk about partial intestacy. Other articles on this website have discussed intestacy. Often, we imagine intestacy to be about accidental intestacy.
Mr & Mrs Tanner were looking forward to their 80th birthdays. They were fit and in good health. They thought it’d be a clever idea to look at their wills, just because. They’d done not too badly for themselves, they lived in a million-pound farmhouse in Coulsdon. Peter, their gardener came round regularly to tend the grounds. He’d worked for them for over thirty years. They left a bequest of £30,000 to Peter, a few small bequests to charities and a small gift to their local church. The Tanners had no surviving children, so they left their estate among their grandchildren.
They drafted their wills correctly, the documents reflected with their wishes. Peter’s wife Linda, and Linda’s sister witnessed the signature on the wills. The wills were not invalid, however the gift to Peter became invalid. At best, there would have been a case of partial intestacy. The Tanners and I prevent a mess, but I would have hated to witness the potential ugliness . A stitch in time and all that.
All’s Well That Ends Well
A beneficiary or the spouse of the beneficiary of the will should not witness the signatures in a will.
A will being declared invalid, no matter the reason could cause intestacy.
A lost will may cause intestacy. A lost will would cause intestacy. We shall talk about storing and updating a will further, but storing and updating your will should cost you nothing.
I’ll show you how to ensure your will could not be declared invalid, and couldn’t be challenged, so that your estate would be distributed according to your wishes. Onwards.
I’ll be happy to help you immunize your estate against all forms of intestacy – outright intestacy, accidental intestacy or partial intestacy.
What to read next: The Cost of DIY Will WritingTags: intestacy, Will Writing