Frequently Asked Will Writing Questions
Why Should I Make A Will?
Frequently Asked Will Writing Questions
People put off making a Will for a variety of reasons
The reality is that you can put off making a Will until it is too late. Having no Will in place can pose all sorts of problems for the people you leave behind and could mean that your inheritance either goes to the wrong person or to the state through the laws of intestacy.
Why do I need a Will?
Making a Will ensures your estate goes to who you want it to go to. If you don’t make a Will you die intestate and the state will decide how your estate is distributed.
- A Will protects your loved ones.
- A Will is the only way to ensure your assets pass to those you wish to benefit.
- If you have no Will the laws of intestacy apply and the courts will decide where your assets go.
What Happens If I haven’t Made a Will?
- You cannot be sure those you would wish to benefit will actually do so.
- Your partner will not automatically inherit ALL of your estate.
- “Common Law” partners may not receive anything.
- Minor children could be taken into care whilst Guardians are appointed.
- There could be lengthy delays for your beneficiaries and disputes.
What would happen to my children if my husband and I died?
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 to do this are referred to as Guardians.
I have a Will but I’m getting married soon is my Will still valid?
Getting married invalidates a Will so once you are married your existing Will is no longer valid. You need to make a new Will ASAP or your estate will be subject to intestacy rules.
How do I protect my children’s inheritance?
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 does an executor have to do?
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.
What is a trust?
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.’ For more information regarding trusts please contact us.
Do I need a solicitor to write my Will?
No, it is a common misconception that only solicitors can write a Will. Many people prefer the flexibility of either being able to have a specialist Will Writer visit them at a time and place that is convenient for them. To ask any questions or to book a free consultation with one of our Will Writers please use our Will Writing Enquiry Form
What Makes a Will Valid?
- It must be signed by the person making the will in the presence of two witnesses; and signed by the two witnesses, in the presence of the person making the will
- It must be made voluntarily and without pressure from any other person.
- It must be made by a person who is of sound mind. (This means the person must be fully aware of the nature of the document being written or signed and aware of the property and the identification of the people who may inherit)
- It must be made by a person who is 18 years old or over.
A witness or the married partner of a witness cannot benefit from a will. If a witness is a beneficiary (or the married partner or civil partner of a beneficiary), the will is still valid but the beneficiary will not be able to inherit under the will.
Why do I need two witnesses?
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.
Where should I store my Will?
A Will is a valuable document and it’s never advisable to store in your own home due to a risk of; loss, burglary, damage from fire, flood or tampering by others. You should store your Will in a secure place ensuring your Executors know where this is.
More Frequently Asked Questions
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