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If you are considering drafting a joint will, an experienced legal service provider will help you to make the necessary arrangements and facilitate the appropriate legal documentation. Here is some basic guidance to help inform your choice of legal expert.
A joint will is a single document which records the wishes of 2 people, usually a husband and wife. The will would normally state that when one person dies, all of the assets will go the surviving person and, when this person dies, everything will go to the children.
A joint will ensures that all of the assets go to the surviving person. A joint will cannot be changed without the consent of both parties. This means that when the first person dies, the survivor cannot change the terms of the will. This can be beneficial, for example, if you want to make sure that your children will receive everything if the surviving person were to re-marry.
To amend a joint will, both parties must be present and in sound mind. As long as both partners are alive and in control of their affairs and mental faculties then one can not make a change without the other's consent and presence.
A joint will can usually be finalised within a short period of time depending on the complexity of your affairs. Amendments to a joint will should take less time. Your legal service provider will be able to advise you on the timescales involved.
When all of the parties to a joint will have died, the property and assets will be shared out according to what is set out in the will.
It is worth considering a number of factors when choosing a legal expert to assist you with your joint will. You may prefer a local firm you can meet with to discuss arrangements face-to-face, you may wish to check reviews and ratings from a firm’s existing clients and you may prefer to work with a firm based on cost.
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Draft Joint Wills