Why You Urgently Need to Update Your Will
Most people know they need a Will. What they don’t realise is that many Wills—especially those signed before 2020—are now out of date.
The Trusts Act 2019 changed the law. That Act now applies to Wills as well as Trusts, and unless your Will is updated, your estate could face unexpected costs, delays, and even disputes.
Take the case of Joan (not her real name). Joan’s Will appointed her brother Jim as sole executor. But when Joan died, Jim was already mentally incapacitated. Under section 9A of the Administration Act 1969, the High Court had to grant administration to the holder of Jim’s Enduring Power of Attorney for Property—someone Joan had never even met. To make matters worse, Jim’s doctor had to sign an affidavit to prove incapacity, adding stress and expense at the worst possible time.
This could all have been avoided if Joan had an updated Will with:
Back-up executors and trustees
A clause removing trustees who become incapacitated
Provisions that comply with the Trusts Act 2019
Your Will isn’t just a formality—it’s your last voice in protecting your family. Out-of-date Wills are dangerous, and every Will signed before 2020 should be reviewed now.
At Ross Holmes Virtual Lawyers, we specialise in updating Wills to cover worst-case scenarios, giving you peace of mind that your family will be looked after.
