Questions About Wills
- Written by: Jason
- Category: Will Writing
- Published: 30th April 2013
Below is a list of questions we are commonly asked about Making a Will, we hope you find them useful. If you can’t see the answer you are looking for here, don’t hesitate to ask a question yourself. You can contact us by clicking here
General Questions About Wills
Why do I need a Will?
A: Making a Will ensures your estate goes to who you want it to go to. If you don’t make a Will the government will decide how your estate is distributed.
Do I need a solicitor to write my Will?
A: No it is a common misconception that only solicitors can write a Will. Many people prefer the flexibility of either being able to produce their Will online. Or have a specialist Will and Estate Planning Consultant visit them at a time and date that is convenient for them.
What happens if someone cannot sign their Will?
A: If the person is not able to sign but still has mental capacity then the following are needed:
- 2 witnesses
- 1 person to sign on their behalf
I have a Will but I’m getting married soon is my Will still valid?
A: Once you are married your existing Will is not valid. You need to make a new Will or your estate will be subject to intestacy rules. It is possible to make a Will in contemplation of marriage.
I want to make a Will but I am going to move house in the future, would I need to rewrite my Will after I’ve moved home?
A: No, you do not need to change your Will if you move house, it does not matter about a change of address on your Will.
What does an executor have to do?
A: The role of an Executor role can be daunting and time consuming depending on individual circumstances. Some of the roles include; making lists of all assets and debts including utility bills, settling all deceased debts and paying out any inheritance tax necessary, locating heirs and distributing the contents of the Will and arranging for the care of any minor children or pets.
Why do I need two witnesses?
A: In 1837 the UK government passed a law that stated when a person signs a Will there must be two independent adults (over 18) to witness this happening. Therefore for a Will to be valid, the two witnesses must actually see the signing of the Will and the person making the Will must see the witnesses sign too. Witnesses must not be potential beneficiaries of the Will.
What is a trust?
A: A trust is an obligation binding a person (which can be an individual or a company) called a ‘trustee’ to deal with ‘property’ in a particular way, for the benefit of one or more beneficiaries.
Children in Wills
How do I protect my children’s inheritance?
A: Protecting your children’s inheritance is also known as ‘Bloodline Planning. Bloodline Planning ensures that your assets go to your children and grandchildren rather than ending up in the wrong hands!
What would happen to my children if my husband and I died?
A: Making a Will gives you the opportunity to say who you would like to bring up your children in the event of your death. In a Will, the people you appoint are referred to as Guardians.
I want to appoint a guardian for my children but the person I want to appoint lives abroad. Is this a problem?
A: It depends if the person lives outside of the EU as there are different immigration laws for each country. Therefore your child may not have the right to move there. This can also take a considerable amount of time and causes problems when deciding who will look after the children in the meantime. It is advisable not to appoint a Guardian abroad but if you do it is imperative to research into the laws in that specific country.
If I to refer to my children as ‘my children’ in my Will instead of naming them individually, does this include Step-children?
A: My children will NOT include Step-children. It refers to children that you have currently and that you may have in the future and any adopted children.
I am pregnant but want to make a Will – can I appoint a guardian before my child is born?
A: Yes, you can appoint a Guardian for children you already have or are yet to have, by referring to ‘my children’ in your Will.
After death
If spouses died together, who would be deemed to have died first?
A: Medically, it would be attempted to established who died first. If this were not possible then it would be deemed that the eldest to have died first.