Welcome to our roundup of recent news in the world of Wills, Lasting Powers of Attorney, and Probate. Let’s explore crucial topics that highlight the importance of careful estate planning and fraud prevention.
Understanding Will Challenges: Fraud vs. Forgery
When someone contests a Will, they might allege fraud or forgery. But what’s the difference?
Fraudulent Wills
A fraudulent Will is a genuine document that misrepresents the testator’s wishes. This can happen if:
1. The Will lacks proper witnesses
2. Someone misled the testator about the document’s nature
3. False representations influenced the Will’s contents
Forged Wills
A forged Will, on the other hand, isn’t genuine at all. It might be completely fake or bear a false signature.
Both fraud and forgery constitute criminal offenses, potentially leading to prosecution. People often challenge Wills on these grounds when they believe someone has unfairly deprived them of an expected inheritance.
Red Flags for Will Writers
Whether you’re writing a Will professionally or personally, watch for these potential signs of fraud or forgery:
1. Unexpected disinheritance
2. Unusual circumstances prompting Will creation or updates
3. One beneficiary receiving everything, excluding others
4. Non-family members as primary beneficiaries
At A.D.E Wills, we address these concerns thoroughly when taking your Will instructions. We also offer Advice Consultation services for those writing their own Wills but needing guidance.
The Importance of Documentation
A Larke v Nugus request can require Will writers to explain the circumstances of a Will’s preparation. That’s why we carefully maintain all attendance notes and memos, protecting your wishes for potential future scrutiny.
The Alarming Rise of Pension Fraud
Recent Action Fraud reports reveal a troubling trend: criminals stole £1.8 million through pension fraud in just four months this year. This marks a sharp 45% increase in pension fraud reports compared to last year, reversing pre-pandemic trends.
The Human Cost
Pauline Smith, Head of Action Fraud, warns of devastating consequences. She states, “Criminals show no remorse when committing pension fraud. They care only about their financial gain, disregarding victims who often lose their entire life savings to these scams.”
Protecting Yourself
If you or someone you know has fallen victim to pension fraud or attempted scams, report it to Action Fraud immediately. Stay vigilant to protect your hard-earned retirement funds.
Digital Assets: The New Frontier of Estate Planning
In our digital age, including online assets in your Will has become crucial. Yet, surprisingly, 90% of people still overlook this important step.
What Counts as a Digital Asset?
Digital assets can include:
– PayPal balances
– Gaming account winnings
– Cryptocurrencies
– Digital photos and videos
– Social media accounts
Why It Matters
Failing to address these assets in your Will can lead to financial and sentimental losses for your family. Moreover, executors might face legal issues if they access your accounts without proper authorisation.
Navigating the Digital Maze
When planning your estate, consider how your executor will access your digital assets. While transparency matters, we understand your privacy concerns about disclosing personal account information.
At A.D.E Wills, we help you strike the right balance, ensuring proper management of your digital legacy without compromising your privacy.
How A.D.E Wills Can Help
Whether you’re drafting a Will, worried about potential challenges, or navigating digital asset complexities, professional guidance proves invaluable. A.D.E Wills specialises in clear, tailored advice on all aspects of Wills and Lasting Powers of Attorney.
Don’t leave your estate planning to chance. Contact us today to ensure proper documentation and legal enforcement of your wishes. Call us on 01865 507174 or email info@adewills.co.uk for personalised assistance.
Disclaimer: This article provides general information and is not intended as legal advice. For specific guidance on your individual situation, please consult with a qualified legal professional.
