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Frequently Asked Questions about making a Will

You need to make a Will if you have any assets and personal possessions and want to make sure that they go to those you wish to benefit.

If you have children under the age of 18, Guardians need to be named in a Will. This is the only way you can deal with this matter otherwise your children will become wards of court, with the decision on their future being based on social services reports and made by people you don’t know. They may not choose as you would. Imagine the enormous stress this would put on children and relatives at a time of grief.

If you are living with a common law partner, without a Will they may not receive any of your Estate, even if you have been living together for years and have children with them.



What happens if I die without making a Will?

If you die without a legally valid Will you are deemed to have died Intestate. The rules of Intestacy are very complex and have been set out by the government. What this means is that your Estate may not go to those you would wish. Not leaving a Will also means that the people you leave behind can suffer long delays, sometimes years, before your Estate is sorted out. Bank accounts, even those held in joint names can be frozen leaving no access to much needed funds. If you make a Will you don’t have to worry about any of these consequences.


What about inheritance tax?

Inheritance Tax is not payable between husband and wife. It is therefore only payable after the second death. This means that any part of your Estate over the Inheritance Tax threshold is taxed at 40%. There are ways to write your Will to alleviate some, or all of the tax. If the net value of your Estate is worth more than the IHT threshold please ask your adviser for more information during the appointment.


How long will the appointment take?

Most appointments take less than half an hour and they are conducted at a time that is convenient to you.


Do we both need to be present at the time of the appointment?

No. Provided you have read and discussed the ‘Points To Consider Before Your Appointment’, which will accompany the application pack. However, any points that are raised during the appointment that need further consideration or discussion can be confirmed with a second phone call.


Where should we keep our Wills?

Wills need to be kept in a safe place as they can get destroyed, lost or stolen. If a Will cannot be found when you die it will be deemed that you have died without a Will. Our comprehensive service, not only includes the safe storage of your Will(s), but we also write to your nominated Executors to inform them of their appointment and where the Will is being stored.


What about making changes to the Will?
A will is not something that you should make and then forget about. You should review it regularly and keep it up to date. Our service includes all future changes that you wish to make at no further charge.

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