Legal dramas can often exaggerate or misrepresent the law, especially when it comes to Wills and Probate. While this might make for entertaining TV, it can also lead to serious misunderstandings with negative consequences.
As Wills and Probate lawyers, we can tolerate being depicted as grumpy, elderly characters, but we can’t overlook the damage caused by misinformed viewers making invalid Wills.
In this short blog, we are going to look at some common myths, dispense the drama and give you the facts. By the end, you will be equipped with the knowledge needed to approach wills and inheritance correctly.
Myth 1: Wills signed in England and Wales only needs one witness
A recent episode of EastEnders featured a scene where a man signed his Will whilst in hospital, with just his solicitor present. Unfortunately, this ignored the legal requirements under the Wills Act 1837, which states:
- A Will must be signed in the presence of two witnesses, and
- Both witnesses must also sign the Will in the presence of the person making it.
This kind of misinformation can cause real problems. If someone follows what they’ve seen on TV, they could leave behind an invalid Will, creating chaos for their loved ones.
The Association of Lifetime Lawyers has even written an open letter to the BBC, highlighting their concerns about such misleading portrayals.
To ensure your Will is valid and reflects your wishes, always work with a qualified Wills and Probate lawyer.
Myth 2: Wills are read aloud at a family gathering
We’ve all seen the dramatic Will reading scenes in movies, where relatives gather after a funeral to hear the deceased’s final wishes.
Thankfully, for those of us that would prefer to avoid the awkward family gathering, the practice of Will readings are a thing of the past (or fiction).
Solicitors, once notified of someone’s death, will consult with the executor to confirm the contents of the Will. The executor will then be responsible for notifying the beneficiaries of their entitlement. Not all beneficiaries have an equal right to know the contents of the will, thus ensuring some privacy.
Myth 3: Common law spouses have the same rights as married couples
Many people believe that living together as a “common law” couple gives them the same legal rights as a married couple. This isn’t true in England and Wales.
If you’re not legally married or in a Civil Partnership, you don’t qualify for spousal tax exemptions (like inheritance tax). Worse, if you don’t have a valid Will, your partner won’t automatically inherit your estate if you pass away.
If you’re cohabiting but don’t want to marry, it’s vital to create a Will to protect your partner’s future. Seek legal advice to understand your options and avoid costly mistakes.
Get the Facts, Make Informed Decisions
While legal topics may not be the most thrilling, they’re important to get right. Fiction can be fun, but it shouldn’t mislead people into making poor decisions.
If you need help creating a Will or have questions about Probate, our expert team is here for you. Contact us at 0161 930 5151, email enquiries@gorvins.com, or fill out our online form to arrange a consultation.
Let’s work together to ensure your wishes are protected and your loved ones are taken care of.