Often people consider writing their Will when they have suffered bereavement or a family member has been seriously ill. I have even come across people that are frightened of making a Will as they fear that once they have signed on the dotted line, they will meet their maker. I have to say it took me several years to persuade my father-in-law to make a Will, which he did a few years ago and guess what, he is still with us.
Proprietary estoppel provides a means by which a person may claim a right to property or land despite being legally documented. For example, if someone has promised that you inherit their property or land on death, but you subsequently find out that it is not reflected in their Will.
Dealing with someone’s estate can be a burdensome task and at the same time you are faced with the ever expansion of the modern world and you now have to consider “Digital Assets”.
So what is a digital asset? It is simply personal property stored in digital form whether that be electronic or online and you may not realise that you own digital assets until examples are given.
Historically, it has been an issue to obtain a copy of a Will without express authority. The Law Society has provided new guidance on when a solicitor can release a Will that has been prepared for a person who now lacks capacity.