What is a will?

A will is the legal document used by individuals to plan what happens to their property, money and possessions following their death.

Who can make a will?

Anyone who is over the age of 18 years and is of sound mind.

Who should have a will?

Virtually every adult. There are very few individuals with no assets whatsoever and even those who have none may, at the very least, wish to specify funeral arrangements in a will or indicate charitable intentions, in case they have assets by the time they die.

If you die without a will, then there are legal rules called intestacy rules which determine to whom your assets pass on your death. It is more than likely that the intestacy rules would not lead to the result you would wish for. In fact, it is quite possible that an absurd and completely unacceptable result would be achieved, if the intestacy rules are relied upon.

Partners living together (or sharing property) who are either unmarried or in a non-registered civil partnership need very particular consideration, as for the purposes of intestacy, there is no such thing as a "common law" partner.

Similarly, business partners need to consider very carefully what would happen in the event of a death of one of them.

But perhaps the most compelling reason to have a will is to give you the peace of mind of knowing that you are saving your family and loved ones a great deal of inconvenience, cost and uncertainty at the time they least need that- following your death.

It is believed that around 70% of individuals who should have wills do not.

When could my will be invalid?

There are very strict rules as to the circumstances of the signature of a will. If the procedures are not followed absolutely correctly, then the will is invalid. We can guide you through this clearly, simply to avoid this problem.

If a will is destroyed or damaged so as not to be clearly legible, then it becomes invalid.

Normally, the will of an individual who marries or enters into a registered civil partnership becomes immediately invalid. However, divorce does not automatically invalidate a will.

Incorrectly made alterations to a will can invalidate it.

Unless very carefully done, making a subsequent will (e.g. making a will to deal with overseas assets) can inadvertently invalidate an earlier will.

Finally, a will which cannot be found following a bereavement loses all its value. This can obviously be a cause of great frustration as well as a possible cause of significant financial loss. For this reason, we always recommend that our clients take advantage of our lifetime secure document storage facility.

When should wills be updated?

It is essential that your plans as to your estate and will provisions are regularly reviewed. There are particular circumstances in which consideration should be given to renewing wills. These include: marriage; start of a relationship of co-habitation; separation; divorce; birth or adoption of children; a death or onset of serious illness of a spouse or other family member or other beneficiary under an existing will; purchase of a new property or interest in a property (whether in the UK or abroad); retirement; emigration and any changes in financial circumstances or inheritance or tax law.

Some common misconceptions about wills and the need for wills.

" I don't need a will until I'm old". Death is a certainty for all of us. The timing of death sadly (or perhaps happily) is totally unpredictable. One of the most important moments of an adult's life to consider drafting a will, for instance, is on the birth of a child- to plan for the guardianship of the child in the event of the parent's death, before the child's adulthood.

"I'll get a DIY will kit and do just as good a job myself". There is a great risk in doing this, of not achieving what you set out to achieve. There are many considerations necessary in will drafting and estate planning. Using a professionally qualified will writer gives you the peace of mind that you are employing expert knowledge of all relevant aspects of legislation, tax planning, as well as having the benefit of many years of will drafting in all imaginable scenarios. Once we work through our clients' needs with our comprehensive checklist, it quickly becomes clear that our clients very rarely need "just a standard will".

"I can't afford it". With our investment in the latest technology and software and with the benefit of experience, we are able quickly and efficiently, to offer the highest quality and most comprehensive documentation at extremely competitive prices.

"I don't have enough to make it worthwhile". Particularly after the rapid rise in property prices over the last few years, there has been a dramatic increase in the number of estates which are liable to inheritance tax. In fact, recently published statistics have indicated that a significant majority of individual house owners in the UK now have estates of a value which could trigger an inheritance tax liability on death. In recent years, the Government's annual inheritance tax revenue has increased dramatically. Having a correctly drafted will can provide the opportunity to minimise or even completely avoid a liability to inheritance tax. The choice is yours- your hard earned wealth can either be passed on to your family following your death, or go to the Government.

"It will all go to my husband/wife even if I don't have a will". Perhaps surprisingly, this is not necessarily the case. For example, if one partner in a marriage dies without a will, leaving no children, the surviving partner inherits the first ₤200,000 only of the deceased partner's estate. However, the excess beyond ₤200,000 passes to other relatives in a set order- parents;siblings;grandparents;aunts/uncles. Another example is: if one partner in a marriage dies leaving children, but without a will, the surviving partner inherits only the first ₤125,000 of the deceased partner's estate plus a life interest in one half of the excess beyond ₤125,000. The other half of the excess beyond ₤125,000 passes immediately to the children. If the couple were unmarried, but with children, then on the death of one of the partners without a will, the whole of that partner's estate (other than joint property) passes directly to the children. The surviving partner normally has no further legal entitlement.

"The family will sort out what happens to the kids if I die?" Really?! That is possible of course, but surely parents owe it to their children to consider and record their wishes for arrangements for the care of their children. Also, these arrangements obviously need to be reviewed on a regular basis, to take into account changes of circumstances. Otherwise, the absence of security and certainty only operates to add to the trauma of those left behind, especially in the event of an unexpected bereavement.

"My second wife/husband will not inherit what the kids from my first marriage are entitled to". The issue of inheritance (and therefore will provisions) for any marriage where one or both of the partners have been previously married and/or have children from previous relationships needs expert consideration and drafting.

"I can leave my assets to whoever I wish-my decision is final". To a certain extent, this is true. However, in making a will, individuals should be aware of the rights of certain relatives and dependents to challenge the terms of a will following a bereavement, if they are inadequately provided for.

“It doesn’t matter if my will is lost”. If, following a bereavement, your English asset will cannot be found or has been destroyed, you will be treated as having died intestate, which can be distressing and very costly to your beneficiaries and those administering your estate. For this reason, we offer a lifetime secure document storage facility. The vast majority of our clients do take advantage of this facility. Following execution of your will, the original is returned to us for secure storage and a copy is provided to you, for your reference. You therefore have the peace of mind that the original document is kept safely and securely, but immediately available whenever it is needed.