Wills, Probate & Trusts FAQs

The prospect of creating a Will can be a daunting one, but it needn't be.

Our dedicated team of Will writing experts is on hand to guide you throughout the process and has answered some of the most common questions they get asked below.

Wills, Probate & Trusts - Do I need a Will?

Many will ask themselves, 'Do I need a Will?' Whether you have a penny or pounds to your name, you should have a Will, as this is the only way to ensure that your estate and everything in it goes to the person or people you want it to.

If you have children, your Will can state who should become guardians, and the same goes for any pets you might have.

If you don’t have a Will in place, there are rules that dictate how your assets will be divided (these are called the rules of intestacy), which can lead to important people in your life inheriting nothing, including your partner if you aren’t married or in a civil partnership. The rules do not always have the fairest outcome, so it’s always best for you to decide (by writing a Will) rather than it being left to chance.

What happens if I don’t have a Will?

A common question that will be asked when discussing this subject is 'what happens if I don't have a Will?' The rules of intestacy will dictate the outcome of your estate if you don't have a valid Will in place by the time of your death. This can result in the fracturing of relationships between loved ones if they disagree with the legal ruling, as well as a lot of confusion, frustration, and anxiety around the process. This will all be happening in a time of grief following your death.

Unless you have discussed it with them, your family may not know what you want to happen to your body or what type of funeral service you would prefer.

In short, having a Will gives certainty and guidance that your wishes will be carried out after you die. It also ensures that the most important people in your life receive the inheritance you want them to, regardless of their relationship to you.

 

Alex explained things really clearly and held our hands through the whole process. I feel that we received a first class service from Alex and Winn. I would highly recommend them if you are looking for a Will writing service.

Matthew

 

Who can write a Will?

When considering who can write a Will, you should note that you must be over 18 to make a Will. However, there are some exceptions. If you are under 18, then you wouldn't be eligible.

Is a Will legally binding?

When answering the question 'is a Will legally binding?' the short answer is yes. A Will is a record of your wishes and what you want to happen when you die and becomes legally binding once it is signed and witnessed correctly.

Can a Will be challenged?

Yes, it is possible for a Will to be challenged and this is a growing area where we see more challenges happening.

If you feel your estate may be at risk of a challenge, as you are not leaving provisions for someone who may expect to inherit, then you should speak to a member of our team who can provide bespoke advice on your circumstances.

 

Her [Rebecca Harbron Gray] service is excellent. She listens carefully to our requests and keeps us on track in ensuring that our wishes are phrased correctly within the requirements of the law. We would not hesitate in recommending her to anyone needing to organise their affairs.

Margaret

 

Who can be a beneficiary of my Will?

Everyone who makes a Will has the freedom to make their own choices, so you can name anyone you like as a beneficiary.

You should consider who might be financially dependent on you, as it is important that you make provision for people who rely on you. Otherwise, they could have a claim on your estate.

You do not need to have one single beneficiary; depending on your specific wishes you can choose multiple beneficiaries. This is a decision that will have large significance after your death – it is vital to give strong consideration to this before making a final selection.

What should I include in my Will?

Our expert team will guide you through everything you should consider when drafting your Will.

It’s really important to include details of who you want to be your executors, a full description of your wishes, and, generally speaking, your Will should include the following:

• Appointment of executors
• Funeral directions
• Appointment of guardians (if you have children) or provisions for pets (if relevant)
• Any specific gifts
• Any monetary gifts
• What you would like to happen to your residuary estate

It is really helpful to add substitute provisions for both executors and residue to make sure your Will is as long-lasting as possible and doesn’t result in a partial intestacy.

How much does a Will writing service cost?

The legal cost of using a Will writing service depends on a number of factors, including the legal company you decide to use. Their costs may differ from their competitors, so it is important to balance cost considerations with the reputation and client care quality of the company you’re considering.

There are also the unique circumstances that apply to the individual seeking to create a Will. A single Will is less expensive than a mirror Will, with a Trust Will differently priced to both of those.

The requirement of a certain type of Will depends on the person’s estates and wishes; it’s important to discuss this with your solicitor at the start of the process as it will shape next steps going forward.

If you’d like to find out about our pricing structure, please click here to find out more.

 

Recently had mirrored Wills handled by Alex Russell; Alex was excellent through the entire process, knowledgeable, and great to deal with, remembered all the little details and sent documents through every time - we didn't have to do any chasing. Subsequently we got another family member to do their Will with Alex and will definitely use again for future legal work.

Darren

 

Can I make a Will without a solicitor?

You can make a Will without the input of a solicitor, but for peace of mind when dealing with complex legal and financial processes it is perhaps better to seek the advice of a legal professional when compared to the process of conducting DIY Wills. By doing so, you mitigate the chances of the document being successfully challenged later down the line and you ensure all elements are accounted for correctly and in line with legal requirements.

This is particularly prevalent when dealing with a more complex estate than the standard.

What is Inheritance Tax and who pays it?

Inheritance Tax is a tax that is paid on an individual’s estate when it is worth more than £325,000 when they die. There are a number of additional exemptions and reliefs available, and in some circumstances, this £325,000 can be extended by use of the Residence Nil Rate Band.

Inheritance Tax is paid using funds from your estate and is dealt with by your executor(s), or the person dealing with your estate if there isn’t a valid Will.

How often should I update my Will?

When considering 'when should I update my Will?', we recommend you do so every five years, or if/when any of the following happen:

• You get married or form a civil partnership after the date of your Will, as it will be automatically revoked, and you will need to make a new Will.
• You get divorced or have your marriage or civil partnership annulled. In most cases, any entitlement of your former husband/wife/civil partner will be automatically cancelled and any desires or requests to them will lapse, in which case you would need to amend your Will.
• Your estate materially changes in value.
• You have children.
• Any appointment in your Will becomes unsuitable or fails due to the death or incapacitation of anyone mentioned.

Can you challenge a Will?

A common question is 'can you challenge a Will?' Wills can be challenged if they are invalid due to not being signed, dated or witnessed correctly; if there are concerns on capacity; or people can challenge a Will if they consider they are dependent and entitled to reasonable provision.

View our guide by clicking here.

Why might a DIY Will not be the best option?

There are any number of situations which can lead to an invalid Will, one that may add additional stress and angst during an already difficult time after your death.

By conducting your Will yourself, you leave the process open to honest errors that can affect the process further down the line.

If a Will is conducted incorrectly, this can be challenged by feuding parties and potentially leave your wishes for your estate unfulfilled.

By entrusting a legal professional to conduct matters, they can methodically work through the relevant stages, using experience and sound legal knowledge to deliver the outcome you wish.

Instead of leaving it open to possible confusion, you can be assured that your wishes have been taken care of, and those selected beneficiaries will receive what you want them to after you die.

Would you leave something so important to chance? It’s an important question to ask before starting the process.

 

If you have any other questions, please contact the team today, and they'll be happy to help.

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