Legal Advise

Bakit mahalaga ang may “Will” or “Testament” sa UK?

Alam mo bang maraming tao ang namatay tapos ang kanilang mga kayamanan ay hindi naibigay sa kanilang pamilya dahil ang mga ito napunta lamang sa government or sa Crown? Sa United Kingdom, if there are no surviving relatives who can inherit under the rules of intestacy, the estate (pag-aari ng namatay) passes to the Crown. This is known as bona vacantia. The Treasury Solicitor is then responsible for dealing with the estate. 

Mahalaga na meron kang Will or Living Testament kahit na isipin mong hindi marami ang iyong possessions or pera. It is important to make a will because:

  • if you die without a Will, maaaring hindi mapunta sa mga tao na gusto mo ang iyong mga assets at ari-arian, in the UK or abroad.
  • lalo na yong mga unmarried partners and partners who have not registered a civil partnership, maaaring hindi nila makuha ang assets or properties ng namatay nilang partner unless there is a will, so the death of one partner may create serious financial problems for the remaining partner
  • kung ikaw ay may mga anak, you will need to make a will so that arrangements for the children can be made if either one or both parents die
  • it may be possible to reduce the amount of tax payable on the inheritance if advice is taken in advance and a will is made
  • if your circumstances have changed, it is important that you make a will to ensure that your money and possessions are distributed according to your wishes. For example, if you have separated and your ex-partner now lives with someone else, you may want to change your will. If you are married or enter into a registered civil partnership, this will make any previous will you have made invalid.

Requirements for a valid will

Kahit may will na, pero kelangan legal and valid ito. In order for a will to be valid, it must be:

  • made by a person who is 18 years old or over and
  • made voluntarily and without pressure from any other person and
  • made by a person who is of sound mind. This means the person must be fully aware of the nature of the document being written or signed and aware of the property and the identify of the people who may inherit and
  • in writing and
  • signed by the person making the will in the presence of two witnesses and
  • signed by the two witnesses, in the presence of the person making the will, after it has been signed.

A witness or the married partner of a witness cannot benefit from a will. If a witness is a beneficiary (or the married partner or civil partner of a beneficiary), the will is still valid but the beneficiary will not be able to inherit under the will.

Although it will be legally valid even if it is not dated, it is advisable to ensure that the will also includes the date on which it is signed.

As soon as the will is signed and witnessed, it is complete. If you want an assistance to do a legal and valid will, please contact us.  #pinoyukimmigrationexpert
#UKVisaImmigration4Filipinos

***

My name is Mr.  Don Magsino, BSc, MBA, GDL. I am a Trainee Solicitor at Queen’s Park Solicitors. We are based at Suite 4, Stewart House, 56 Longbridge Road, Barking, Essex IG11 8RW, United Kingdom | Telephone: 02036437508 | Fax: 02033931725  |Email: donm@queensparksolicitors.co.uk |Regulated by the Solicitors Regulatory Authority (SRA) 

***

General Advice Disclaimer

The information which is summarised herein does not constitute legal or other professional advice and is general in nature. It does not take into account your specific circumstances and should not be acted on without full understanding of your current situation and future goals and objectives by a fully qualified legal advisor. In doing so you risk making commitment to a product and/or strategy that may not be suitable to your needs.

Whilst we have tried to ensure the accuracy and completeness of the contents of this website, Queen’s Park Solicitors cannot offer any undertaking or guarantee, either expressly or implicitly, including liability towards third parties, regarding how correct, complete or up to date the contents of this website are. We reserve the right to supplement this website at any time or to change or delete any information contained or views expressed on this website.

Queen’s Park Solicitors accepts no liability for any loss or damage howsoever arising out of the use of this website or reliance on the content of the website.

Categories: Legal Advise

1 reply »

  1. Good day,

    My husband and I are married in community of property in South Africa and we have a last will drawn before we moved in the UK. Does that last will have jurisdiction over here? If not and if you’re advise is to make another last will now that we are living in the UK how much would it cost?

Leave a Reply