Undoing the Ink: Understanding the Revocation of Wills

Introduction:

Writing a Will is a significant step in ensuring that your wishes are carried out after you pass away. It provides a blueprint for the distribution of your assets and can offer peace of mind to both you and your loved ones. However, life is unpredictable, and circumstances may change after you’ve drafted your Will. In such cases, the revocation of a Will becomes a crucial legal process. Let’s delve into the intricacies of Will revocation, understanding its importance and the methods involved.

Understanding Will Revocation:

Revoking a Will essentially means cancelling or invalidating it. This can be necessary for various reasons, such as changes in personal circumstances, relationships, or financial status. It is important to note that revoking a Will effectively nullifies any instructions or provisions previously outlined in the document.

Common Reasons for Revoking a Will:

Change in Family Dynamics: Relationships evolve over time. Marriages, divorces, births, and deaths can significantly impact how you wish to distribute your assets.

Asset Changes: Significant changes in your financial situation, such as acquiring new properties or businesses, may necessitate adjustments to your Will.

Change in Executors or Beneficiaries: If your appointed executors and/or beneficiaries become unsuitable or ineligible for any reason, you may need to revise your Will accordingly. Unfortunately, family disagreements can happen in life, and you may no longer wish to leave your legacy to someone who you previously thought you did. Or vice versa, you may make a new life-long friend whom you wish to thank or leave something precious to. 

A Mere Desire to Update Instructions: Your preferences regarding asset distribution or specific instructions may change as you grow older or experience life-altering events. 

Methods of Will Revocation:

  1. Creating a New Will: The most certain and common method of revoking a Will is by drafting a new one. A subsequent Will typically includes a clause explicitly revoking all previous Wills and codicils. In legal terms, this is called a revocation clause. 
  1. Physical Destruction: Destroying the original copy of your Will with the intention of revoking it is another valid method. This can be done by tearing, shredding, burning, or otherwise mutilating the document. However, accidental damage or a lack of intention to revoke a Will creates a risk that previous copies may be declared as valid.
  1. Written Revocation: You can also revoke your Will by executing a written document expressing your intention to revoke it. This document should be signed and witnessed the same way as a Will. 
  1. Marriage or Civil Partnership – Wills are automatically considered invalid on a marriage or civil partnership, unless you stipulate that you intend to marry at the time that you create your Will. This method may result in testators unintentionally revoking their Will. There are some exceptions to the rule, for example Wills are not revoked if a same sex civil partnership is converted into a marriage. 

It is important to consider that divorce does not revoke a Will. Instead, it means that the divorcee is presumed to have predeceased the testator. 

Legal Considerations:

While the process of revoking a Will may seem straightforward, it’s crucial to adhere to legal requirements to ensure validity and avoid potential disputes. Laws regarding Will revocation vary by jurisdiction, so it is highly advisable to speak to our private client solicitor, Lara Thomas, to help you to navigate the process smoothly, effectively, and worry-free. 

Conclusion:

In the journey of life, change is inevitable, and our plans must adapt accordingly. The revocation of a Will provides the flexibility to reflect these changes and ensure that our final wishes accurately align with our circumstances and desires. Whether prompted by familial changes, financial shifts, or personal growth, the ability to revoke a Will underscores the importance of periodic review and updates to estate planning documents. By understanding the process of Will revocation and seeking appropriate legal counsel when needed, we can safeguard our legacies and provide clarity and peace of mind for our loved ones. It is advisable that you should review your Will every 5 years.

Legal Jargon Explained:

Testator: A person who has made a Will (the female version is Testatrix)

Executor: A person appointment by the testator in a Will to carry out the terms of the Will. They are responsible for dealing with the administration of the estate on the death of the testator and for distributing the funds to the beneficiaries.

Beneficiary: A person (or organisation) designated in a Will to receive benefits or assets in a Will. 

Predecease: A situation where one individual dies before another.

For any queries on this topic, contact our team on 01753 486 777 or contact us via our website.

April 2024 changes in employment law

April is the time of the new financial year, a time when (usually at least!) spring has sprung, and a time when employers and HR professionals are updating their guidance and advice on all things employment law.

Here is a run-down of just some of the latest developments which came into force on 6th April 2024.

The statutory cap on a week’s pay (for the purposes of calculating a redundancy payment or the basic award in unfair dismissal claims) is now £700.

The Vento bands have also been updated.  The Vento bands are used as a guidance to assess how much compensation should be awarded in discrimination claims in the employment Tribunal.  These are now: 

  • a lower band of £1,200 to £11,700 (less serious cases);
  • a middle band of £11,700 to £35,200 (cases that do not merit an award in the upper band); and
  • an upper band of £35,200 to £58,700 (the most serious cases), with the most exceptional cases capable of exceeding £58,700.

Holiday pay must now be calculated using the averaged total remuneration (including commission and bonuses).

It’s now a day one right to request flexible working (and 2 requests can be made per year).

Redundancy protection is being extended to pregnant employees and those recently returning from family leave.

Employees with caring responsibilities will have the right to take up to one week’s unpaid leave during a year to provide or arrange care for a dependant.


For any assistance with how these work in practice or to ensure you aren’t falling foul of new legislation, please contact our Head of Employment, Ilinca Mardarescu on imardarescu@astonbond.co.uk or call our office.

Careers Fair at Lynch Hill Enterprise Academy

Our Private Client Paralegal, Emma Wallace and Ilinca Mardarescu, Director & Employment Law Solicitor, attended a careers fair Lynch Hill Enterprise Academy in Slough this week. 

We set up a stand with various flyers (and of course the free pens!) relating to what we do at Aston Bond and the different areas of law that we provide. These were available for the children to take home and read so that they could gain a better understanding of what it means to be a lawyer.

From speaking to the children, we realised that many of them thought that being a lawyer was all about defending criminals in court. However, we explained to them that law is all-encompassing, and that there is a type of law out there for everyone, from real estate to family law to corporate.

Our table also included different information packs relating to the routes to get into law, which helped us to explain the process of becoming a lawyer to the students. This was particularly important to the older students who will be choosing their A Level soon and applying to university.

It was wonderful to see that a lot of the children showed a real interest in becoming a lawyer.  They were engaged and curious asking lots of questions.  Here at Aston Bond, our staff regularly undertake volunteering roles within the community, and helping to inspire young minds is one of our favourites.  We feel passionately that our job is to prepare the next generation who will one day be shaping our laws.

Work Experience at Aston Bond: Bartek

Bartek who recently started a week of work experience at Aston Bond had this to say for his visit:

“Embarking on a one-week work experience at Aston Bond, a reputable law firm, was an insightful journey that offered a first-hand glimpse into the dynamic world of legal practice.

From the moment I stepped into Aston Bond, I was met with a welcoming atmosphere and a commitment to excellence that defined my week-long immersion in the legal profession.

My one-week work experience at Aston Bond was filled with threads of learning and growth. The collaborative culture, the practical application of legal knowledge, and the emphasis on mentorship collectively contributed to an enriching experience. The week not only deepened my understanding of legal practice but also ignited a passion for profession’s profound impact on individuals and society.

The approachability of the legal professionals at Aston Bond was a cornerstone of my positive experience. Partners and associates alike took the time to engage with me, sharing insights about their own career journeys and offering valuable advice. This approachability made it easy to connect with the team on both a professional and personal level.

My time at Aston Bond was not merely a week of observation; it was a week of active participation, guidance, and the beginning of a professional journey fuelled by the values of excellence and client-centred advocacy. This brief yet impactful experience was undoubtedly shaped my perspective on the legal profession and set a high standard for my aspirations in the field.

Ultimately, Aston Bond’s commitment to creating a friendly workplace has undoubtedly set a standard for what I hope to find in my future endeavours in the legal field.

I highly recommend Aston Bond, and I am genuinely thankful for the invaluable work experience that has not only enriched my understanding of the legal profession but also exposed me to a welcoming and supportive environment.”

By Bartek Wisniewski

We thank Bartek for all he has done here this week at Aston Bond and we wish him all the best success!

Macmillan Cancer 2023- A fundraiser close to our hearts

Sipping, sharing, and supporting a worthy cause.

At Aston Bond, we believe in more than just delivering exceptional legal services. We are deeply committed to giving back to our community, and one of the ways we do so is by hosting charity events that make a real difference in the lives of those in need.

This morning, we had the honour of hosting a Macmillan event, and we are thrilled to share that it was an overwhelming success.

Our law firm’s reception area was transformed into a cosy coffee haven, with mouth watering baked goods.

Our team put in a tremendous effort, baking a wide assortment of delicious treats, from brownies to pistachio cakes.

One of the most heart warming aspects of our Macmillan Coffee Morning was the connections that were forged over cups of coffee and shared stories. Colleagues, clients, and friends of the firm gathered to catch up, and show their support for Macmillan Cancer Support.

The funds we raised will contribute to Macmillan’s critical work, ensuring that people facing cancer have the support they need, from diagnosis through treatment and beyond.

We would like to extend our heartfelt thanks to all who attended our Macmillan Coffee Morning, donated, and participated in the event. Your presence and generosity made this event truly special. It’s heartening to see our community come together for such a worthy cause.

Together, we are making a significant impact on the lives of those affected by cancer, one cup at a time.

Warm regards, Aston Bond

Let’s fight cancer together!

We believe that true success is not just measured by professional achievements, but by the positive contributions we can make to those in need. That’s why we are thrilled to extend an invitation to our upcoming Macmillan Coffee Morning event.

What is Macmillan Coffee Morning?

Macmillan Coffee Morning is a renowned annual event organised by Macmillan Cancer Support, a charity that offers vital support to individuals and families affected by cancer. The concept is simple but powerful: people across the UK host coffee mornings, and the funds raised go towards providing practical, medical, and emotional support to those facing one of life’s toughest challenges – cancer.

Why Attend?

  • Make a Difference: Your presence and contributions will make a meaningful impact on the lives of people affected by cancer.
  • Connect and Engage: Network with professionals from various fields and engage in conversations that can lead to collaborative opportunities.
  • Enjoyment and Warmth: Experience the warmth of a community coming together over coffee and shared compassion.

Mark your calendar and let’s sip, snack, and support Macmillan together. We look forward to sharing this heartfelt experience with you!

See you there!

Empowering the next generation. Careers event 2023.

In today’s rapidly evolving world, the importance of early exposure to career opportunities cannot be emphasised enough.

As a forward-thinking business, we recognise the significance of reaching out to young minds and that’s why we participated in a school’s careers event to inspire and educate students.

We believe that educating children about different professions, industries, and the skills required for success is crucial in helping them make informed choices about their future.

Pupils had the opportunity to hear first-hand advice from Kanchana Kumari and Ilinca Mardarescu about all the different career paths open.

Both Kanchana and Ilinca had set up a stall where students could ask questions and gather information about setting foot in the world of law. This allowed both the students and professionals to interact with each other as well as gain a deeper understanding.

We were so impressed with the students’ enthusiasm at Slough & Eton Business and Enterprise College and thank them for their hospitality.

We are proud to be part of a collaborative effort between educational institutions, professionals, and the community to support the wider career development of students.

For any inquiries for events please contact imardarescu@astonbond.co.uk or call our friendly team on 01753 486777

London Legal walk 2023- A walk filled with adventure

We did it! The London Legal Walk 10 years and counting….

Thousands of other legal professionals came together and walked through the streets of London with us in support of a cause close to our hearts.

The walk has raised vital funds to ensure that legal help reaches our community’s most vulnerable people by offering free legal advice and support.

So, here’s how it went :

  1. Carey Street

Upon arriving at the start point of our journey at Carey street, we were instantly amazed by the number of legal professionals taking part in the event alongside the balloon arch, street decor, stalls & the overall atmosphere of positivity.

And of course the oversized police men!

2. The start point

The start of the walk is always the easy part right? Well maybe not so much in our case. With the temperature reaching around 29 degrees, some of us were already sweating buckets!

We constantly had to remind ourselves the reason we were on the walk and the wider cause behind it in order to motivate us that extra mile.

3. Ice cream break

Name a good way to cool down in the blazing heat. Ice cream of course!! Once we had reached our halfway point of 5K we stopped for a cheeky ice cream break. We couldn’t be too tough on ourselves right?

4. Sightseeing

Along with the good company, we also had amazing views of London.

5. The end

What seemed impossible to some was made possible with motivation, encouragement and a ‘can do’ mindset. We made it the full 10K!

We then joined the ending street party where we had a much-needed drink.

Donations are still being accepted and would be gratefully received.  Please visit;

https://londonlegalsupporttrust.enthuse.com/pf/aston-bond-solicitors-2023

BNI Windsor- Networking made fun

BNI. The real reason Kulbir is up and motivated on a Friday morning.

Here are just a few reasons why we love BNI networking at Aston Bond :

  • Generating new leads- Networking with other business professionals helps us to build professional relationships and create relevant contacts that can help us achieve long-term goals.
  • Staying informed about industry trends-  Having a good network means we stay up-to-date with industry trends and news. This is beneficial as we learn about new opportunities or potential threats to our business.
  • Having a competitive edge- A strong network can gives us a competitive edge over our competitors. Having a good network means we can have access to information and resources that our competitors may not have.

All in all, we are happy to be a part of a thriving business community!

For any inquiries regarding residential property please contact Kulbir Conner our Residential property solicitor on kconner@astonbond.co.uk or 01753 486 777

BNI Networking

We would like to thank BNI networking for having Jaspreet Kaur (commercial property paralegal) and Kulbir Conner (Head of Residential Property) at the organisations recent business networking event.

BNI is an organisation set up for business professionals who help each other grow their businesses through their commitment. Each week, in thousands of communities across the globe, members meet with other trusted business leaders to build and nurture lasting relationships and pass qualified business referrals. 

Both Kulbir & Jaspreet were made to feel very welcome by all BNI members and they thoroughly enjoyed the inspirational presentations.

Here’s a few snippets from the event…