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Wills

1. Why is a Will important?

Without a valid Will you can't control who inherits your property after your death. Should you die intestate (without a Will), your property will be handled by the courts, which could have very different results to those you had intended. In some cases where you have no traceable relatives, your estate may go to the Crown instead of the people you want to benefit. By making a Will you can decide exactly who will inherit your property and let your loved ones know that you have considered their needs. Just as importantly, you’ll be able to decide who handles your property and who will act as guardian for your children if they are left without a parent. You can also use your Will to say whether you would prefer burial or cremation and if you would like to be an organ donor. Lastly, you might be able use it to reduce the amount of tax to be paid by people inheriting from you.

2. Who can make a Will?

Every adult can and should make a Will. You need to be of legal age, which is 18 in England and Wales. Anyone in active military service in time of war who is over 14 and wants to make a Will is allowed to do so. Underage seafarers can make a valid Will too. You must also be of sound mind - understanding what you are giving away, how you are giving it away, and who you are giving it to. If you have a history of mental disorder or if an illness may be affecting your judgment in any way, consult a qualified doctor before writing your Will. This helps establish your competence and will be useful should your Will be contested later on the grounds of mental incapacity.

3. What happens if I die without making a Will?

If you die without making a Will, or if your Will is invalid, you die intestate. The management of your estate, which is your house (if you have one) and any other assets minus all your debts, is then done by administrators appointed by the court, who will probably be your close relatives. In some cases, your possessions may go to the Crown, but generally the bulk will go to your spouse or if you don’t have one, your children. If you have no children, other blood relatives are next in line. One in two people in the UK currently dies without making a Will and if you haven’t done so already, it’s a really good idea to prepare one. If no surviving relatives can be found, your entire estate goes to the Crown. If you are not married, then your partner will not inherit your estate.

4. What should I include when making my Will?

Obviously, you should include exactly who will inherit your property, and what in particular each person will inherit. Just as importantly, you should choose the person who will be responsible for carrying out your wishes and who will act as a guardian to your children if they have no other parent. You can also use your Will to say whether you would prefer burial or cremation and if you would like to be an organ donor. Lastly, you might be able use it to reduce the amount of tax to be paid by people inheriting from you.

5. Can an executor be a beneficiary of my Will?

Yes, and you can have up to four executors. Remember, though, that whoever witnesses your Will can’t be a beneficiary of it.

6. I already have a Will but I want to change it, should I just add the changes to the Will I've made?

No. You shouldn't change your Will by altering one you've already made. The best way to do it is to prepare a new Will, and include the fact that all previous versions are cancelled. It's actually a good idea to destroy all the copies of your old Will, just to make sure, once you have completed the new version.

7. I am an Executor for someone who has just died, what do I do?

As Executor, you are responsible for dealing with the deceased's estate in accordance with the Will. In most cases you will need to apply to the court for a Grant of Probate. This document proves that you are authorised to deal with the estate. We can handle all of the procedures relating to the administration of the estate and give you advice and support at each stage in carrying out your duties.

8. If I am able to manage my affairs, why do I need to make a Lasting Power of Attorney?

A Lasting Power of Attorney is a document by which you authorise someone, for example, a relative, friend or professional to deal with your financial and/or personal welfare affairs if you were unable to do so. It is important to make a Lasting Power of Attorney whilst you are well enough to do so. If you become incapable of managing your affairs due to dementia for example, then it is too late to make a Lasting Power of Attorney. We can advise you with regard to a Lasting Power of Attorney and on the next steps if it is too late to make one.