Wills
Who should make a Will?
If you care about what happens to your property after you die, you should make a Will. Without one, the State directs who inherits, so your friends, favourite charities and relatives may get nothing.
It is particularly important to make a Will if you are not married or are not in a registered civil partnership (a legal arrangement that gives same-sex partners the same status as a married couple). This is because the law does not automatically recognise cohabitants (partners who live together) as having the same rights as husbands, wives and civil partners. As a result, even if you’ve lived together for many years, your cohabitant may be left with nothing if you have not made a Will.
A Will is also vital if you have children or dependants who may not be able to care for themselves. Without a Will there could be uncertainty about who will look after or provide for them if you die. Your solicitor can also advise you on how Inheritance Tax affects what you own.
You should also consider taking legal advice about making a Will if:-
Ø Several people could make a claim on your estate when you die because they depend on you financially;
Ø You want to include a trust in your Will (perhaps to provide for young children or a disabled person, save tax, or simply protect your assets in some way after you die);
Ø Your permanent home is not in the UK or you are not a British citizen;
Ø You live here but you have overseas property; or
Ø You own all or part of a business.
Once you have had a Will drawn up, some changes to your circumstances – for example, marriage, civil partnership, separation, divorce or if your civil partnership is dissolved (legally ended) – can make all or part of that Will invalid or inadequate. This means that you must review your Will regularly, to reflect any major life changes. A solicitor can tell you what changes may be necessary to update your Will.
Using a Solicitor
Although it is possible to write a Will without a Solicitor’s help, this is generally not advisable as there are various legal formalities you need to follow to make sure that your Will is valid. Without the help of an expert, there is a real risk you could make a mistake, which could cause problems for your family and friends after your death.
Finding a Solicitor
If you need to make a Will but don’t have a solicitor, visit our website at www.edwinross.com and search under Wills and Probate to get our details or you can call 0161 720 7200.
What your solicitor will need to know.
Once you have appointed a solicitor, they will need the following details from you.
What you own
Details of everything you own, including property, cars, personal valuables, stocks and shares, bank accounts, insurance policies, any businesses you own and pension.
Who gets what?
Who do you want to leave these assets to? How do you want to divide your property between your loved ones, friends or charities? Are there are conditions you want to attach to these gifts (for example, that young people must reach a particular age before they are paid money you have left them?
Family and other beneficiaries
Details of your family and status. Are you divorced or has your civil partnership been dissolved? Have you remarried or entered into a new civil partnership? Or are you living with someone without being married to them or being their civil partner? Do you have any children or any other dependants? Anyone who depends on you financially can ask a court to review your Will if they feel you have not provided properly for them. If you give your solicitor relevant details. They can tell you about any legal pitfalls.
Guardians
If you have any children that may still be under 18 when you die, you may need to name someone as their legal guardian.
Other wishes
Do you have any particular wishes for your funeral? Do you want to be buried or cremated? Are there any other instructions? For example, if you want to be an organ donor this can be included in your Will. However, it is also a good idea to record your wishes on the organ-donor register, or to carry an organ donor card.
Executors of your Will
You must also name the people you want to appoint as “Executors” of your Will – the people who carry out the administration of your Will after your death. These could be friends or family members, or a professional such as your solicitor. A good combination would be a friend or family member and a professional. Ideally you should choose someone who is familiar with financial matters. Make sure you ask your Executors whether they are happy to take this on duty as there are long term responsibilities involved, particularly if you include a trust in your will. It is a good idea to ask someone younger than you are.
Signing the Will
Once the Will has been drawn up it is not effective until it has been signed. There are several rules affecting the signature process, which if not followed correctly will make your Will invalid. For example, witnesses and their husbands, wives or civil partners cannot benefit under the Will. Many people use staff at their solicitors office to act as their witnesses to avoid this problem.
Where to keep the Will
It is important to keep your Will in a safe place and tell your executors or a close friend or relative where it is. People often ask their solicitor to store their Wills for them Most solicitor swill do this for free, but sometimes there is a small fee.
Fees
These will be discussed once we know what the requirements are in relation to your Will. The fee will depend upon how complicated your Will may be, particularly if there is a need for Inheritance Tax advice However, the fees will be discussed at the first meeting and then if there is an agreement to proceed, a Terms of Engagement Letter will be sent to you.
The important thing is that the Will should be made professionally and clearly. Just remember that if you were to word your Will yourself and there was some doubt about the wording after you have passed away, nobody can ask you “what on earth did you mean!?”
