Will FAQs

Without a valid Will in place when you die, your estate will pass by a strict set of rules called the intestacy rules.

These rules do not suit everyone and can mean that some of your loved ones will not be included. A Will does more than leave money or property to your loved ones, it appoints guardians for your children, can protect assets by using a Trust and make provisions for the welfare of your pets. A well drafted Will can also incorporate Inheritance Tax planning and protect your estate for your family in the future.

An executor is the person who has the legal authority to obtain the Grant of Probate and administer your estate. They can be a beneficiary of your Will.

It is important to have substitute executors in case your first executor dies before you or is unable to take up the appointment

You can leave funeral instructions in your Will, however this is not a legal requirement. If you have a pre-paid funeral plan, this can be referenced in your Will and a copy of the plan stored with it.

You can choose to leave your estate to the people you want to inherit. This can include family, friends, and charities.  You can leave money by way of legacy, a fixed amount of money or in a percentage share of your estate.

You can also make gifts of personal effects such as jewellery, a car, book collection or other collectibles.

More and more frequently, we are seeing Wills being challenged or clients who have been disinherited as their loved one’s Will has not been prepared by a professional.

Having a qualified lawyer take your instructions and prepare your Will is the sensible and safe choice to make, to ensure that you get the correct advice and your loved ones are protected when you are no longer around.

There are many unregulated, uninsured and unqualified will-writing outfits available and it is important that you make sure you use a fully regulated and authorised law firm who have the up to date legal knowledge and expertise to ensure your Will is drafted correctly.

Anyone who wants to make a Will must have testamentary capacity. For the purposes of making a Will, this means that you must be able to understand the following:

• What making a Will means and the effect it will have.
• What you own and how this might change, including what you may own in the future.
• Who might expect to be named in your Will and why you are choosing to either leave or not leave things to them.

If you have been diagnosed with dementia and want to make a change to an existing Will or make a new Will, you must be able to show that your dementia does not affect the ability to make decisions about your Will.

In order to protect you and your Will, if you have had a recent diagnosis of dementia or any other condition which could affect the way you make decisions, we would ask for you to obtain a letter from your GP in support of your wishes.

Our charges for a simple Will are £220 plus VAT and £350 plus VAT for a pair of mirror Wills. For more complex Wills we may charge more. The cost of a Will is  dependent on how complex your affairs are, and we always provide a fixed fee quote in advance of carrying out any work.

Our fees are fixed at the outset and are inclusive of all meetings and telephone calls so you do not need to worry about telephoning us to ask us questions regarding your Will during or after the process as there will not be any additional charges.

We recognise the need to have flexibility in legal services, particularly in these difficult times.

We have a number of ways you can start your Will with us such as over the telephone, a virtual face to face meeting, a Will pack sent in the post, attending the office and starting your Will online.

Should you wish to start your Will online please visit our Start Your Will Now page and once submitted, one of our team will be in touch with you to discuss your instructions. We will then arrange for you to receive full advice and a draft Will will be sent to you either by way of email or in the post. After your Will has been approved, we can discuss the options available to you to complete the correct execution of your Will.

After we have completed your Will, we are happy to store it free of charge.

• Executors – the people who will carry out the terms of your Will.
• Trustees – the people who will manage funds within a Trust (these are usually your Executors).
• Guardians – if you have young children then you can appoint people who you wish to look after your children until they attain 18 years of age.
• Assets – Everything that you own such as Bank accounts, property, personal affects, shares, investments.
• Foreign Property – If you own foreign property, you will need to seek professional advice to ensure that this can pass via your English Will, and if you need to make a Will in the country where the property is owned.
• Business Interests – It is important to receive advice as to whether or not your business will be dealt with via your Will.
• Beneficiaries – These are the people you wish to receive your Estate.
• Claims against your Estate – It is important to let the Lawyer drafting your Will know if there is anyone you may feel may make a claim against your Estate after your death.
• Inheritance Tax – You can receive advice with regard to Inheritance Tax Planning should you wish to do so and this may result in you creating a Will which reduces any potential Inheritance Tax liability.
• Pets – You can include any provision for the welfare of your pets in your Will.
• Vulnerable Beneficiaries – It may be that you have children or a family member who are suffering with a disability or a condition which makes them vulnerable. It is possible to attend to this within your Will to ensure that they are properly taken care of in the event that you are no longer around.

Getting married or entering into a civil partnership will revoke any existing Will and you will need to make a new Will as soon as possible, or your estate will be subject to the intestacy rules.

You can make a Will in anticipation of marriage or civil partnership and in doing this, after you are married or have entered into a Civil Partnership therefore your Will will not be revoked.