This advice applies to England although we do write Wills outside of England.

Why it is important to make a Will?

It is important for you to make a Will whether or not you consider you have many possessions or much money. It is important to make a Will because:

If you die without a Will, there are certain rules which dictate how the money, property or possessions should be allocated. This may not be the way that you would have wished your money and possessions to be distributed.

For example unmarried partners and partners who have not registered a civil partnership cannot inherit from each other unless there is a Will, so the death of one partner may create serious financial problems for the remaining partner. Especially if they own property together, without a Will the deceased partner’s share of the property may he go to their parents not their partner and co-owner.

If you have children, having no Will can cause many problems.

Married or not you Will need to make a Will so that arrangements for the children can be made if either one or both parents die. For most of us our children are the most important people in our lives. So it is very important that we ensure should we as parents not be able to bring up our own children we leave clear instructions on who we want to bring up children and how. This is best done by a Will.

Reducing taxes

It may be possible to reduce the amount of tax payable on the inheritance if advice is taken in advance and a Will is made. Most of us feel we pay plenty of tax whilst we are alive and do not wish to pay again when we die. We want our family members to inherit not the tax man. By making a Will you can ensure all tax allowances are fully used, to ensure you do not pay more tax than is necessary.

Change of Circumstances

Sometimes our circumstances change, it is important that you make a Will to ensure that your money and possessions are distributed according to your wishes.

For example, if you have separated and your ex-partner now lives with someone else, you may want to change your Will. If you are married or enter into a registered civil partnership, this will make any previous Will you have made invalid.

If you are in any doubt as to whether or not you should make a Will, you should give us a call for free chat.

What happens if I die without a valid Will?

If you die without a Will there are strict rules laid down by government on who can and cannot inherit if there is no Will. These are called the rules of intestacy.

Can I do it myself?

Many people believe there is no need for professional advice and they can do it themselves. Whilst this may be true I am not advocate of DIY when it comes to dealing with everything I ever worked for.

I want to ensure everything we have worked for goes where we want it to. I would encourage anybody to do the same.

Some common mistakes in making a Will are listed below many of which could invalidate a Will:

Not being aware of the formal requirements needed to make a Will legally valid.
Failing to take account of all the money and property available.
Failing to take account of the possibility that a beneficiary may die before the person making the Will.
Changing the Will. If these alterations are not signed and witnessed, they are invalid.
Being unaware of the effect of marriage, a registered civil partnership, divorce or dissolution of a civil partnership on a Will.
Being unaware of the rules which exist to enable dependants to claim from the estate if they believe they are not adequately provided for. These rules mean that the provisions in the Will could be overturned.

Why should I use an advisor?

In addition to the common issues listed above, there are some circumstances when it is particularly advisable to use a professional Will Writer. These are where:

You share a property with someone who is not your husband, wife or civil partner.
You wish to make provision for a dependant who is unable to care for themselves.
There are several family members who may make a claim on the Will, for example, a second wife or children from a first marriage.
Your permanent home is not in the United Kingdom.
You are resident here but there is overseas property involved.
There is a business involved.

How much does it cost for a professionally written Will?

An estate planner will draw up you Will professionally to avoid many of the problems listed often at a very modest cost.

The charges for drawing up a Will vary and depend on the complexity of the Will but all of our charges are listed on our web site, however please call us for free a informal chat and information on fees with no obligation.

It's also worth you giving some thought to what you want to say in the Will before seeing us. This should help reduce the costs involved.

What should be included in a Will?

To save time you should give some thought to the major points which you want included in your Will. You should consider such things as:

Who should look after any children under 18?

How much money and what property and possessions you have, for example, property, savings, occupational and personal pensions, insurance policies, bank and building society accounts, shares.

Who you want to benefit from your Will. You should make a list of all the people to whom you wish to leave money or possessions. These people are known as beneficiaries. You also need to consider whether you wish to leave any money to charity.

Who is going to sort out the estate and carry out your wishes as set out in the Will. These people are known as the executors.

Executors

Who are executors?

Executors are the people who will be responsible for carrying out your wishes and for sorting out the estate. It can be a complex and time consuming job.

It is important to choose executors with considerable care, since their job involves a great deal of work and responsibility. This is just one of many subjects we can help to advise you on.

Your executors will have to collect together all the assets of the estate, deal with all the paperwork and pay all the debts, taxes, funeral and administration costs out of money in the estate.

They will need to pay out the gifts and transfer any property to beneficiaries.

How many executors do I need?

It is not necessary to appoint more than one executor although it is advisable to do so - for example, in case one of them dies. It is common to appoint two, but up to four executors can take on responsibility for administering the Will after a death.

Who should I appoint as an executors?

Relatives or friends

Professional executors or a Bank

Where to keep a Will?

Once a Will has been made, it should be kept in a safe place and other documents can be kept with it but should not be attached to it. There are a number of places where you can keep a Will.

At home or with your estate planner, or at a bank. We advise you register and keep it in professional Will Bank.

Find out more about secure document storage.

Book a meeting to discuss Wills