Will Services

Why Choose Invest Southwest Will Management Services?

 

  • Free, no obligation initial assessment of your circumstances
  • Free review of your current Will
  • Fellow Members of the Society of Will Writers
  • Fully qualified
  • Legally valid
  • Professional Indemnity Insurance of up to £2m
  • Secure Will storage with free unlimited updates
  • A comprehensive service tailored to your individual needs
  • Convenient appointments

"We have found you to be very patient, understanding and helpful in answering our numerous questions during our meetings, and the standard of knowledge has been remarkable, especially in making things easier to understand." - Mrs F, Taunton, Somerset

Frequently Asked Questions

Where do I store my Will?

A Will is only valid if it is in and writing and signed. It must be the original document as copies are not acceptable. Make sure your Will is securely stored and that your executors know where it is, as you will not be here to tell them where to find your Will.

Will Management Services can store your Will securely for you. We charge an annual fee of £20 per Will per annum. This then entitles you to unlimited free updates to your Will.

Why do I need a Will?

The vast majority of people put off making a Will for a variety of reasons, either believing that the people they would wish to inherit will automatically do so, or because they don't think it is relavant to them at this particular time.

The reality is that you can put off making a Will until it is too late and this poses all sorts of problems for the people left behind and could mean that some or all of your inheritance either goes to the wrong person or to the state.

What happens if I don't make a Will?

This is called dying intestate. There are specific rules of intestacy which set out who will inherit and by how much if you do not leave a valid Will, this may not be what you would have wished and in the worst case senarios where relatives cannot be traced, your assets will be taken by the Crown.

What is a letter of wishes?

A Letter of Wishes, also know as an expression of wishes, is a letter written by you and kept with your Will, or given to your executors or trustees for safe keeping. In it, you can explain why you have chosen to distribute your estate in the way you have. A Will can become a public document if probate is needed on your estate, whereas a Letter of Wishes is written as a private document.

Can I put my funeral wishes in my Will?

You can specify your funeral wishes in your Will, however Wills often aren't discovered until after the funeral. Even if your Will is discovered before then, your loved ones aren't legally obliged to follow your wishes. 

What is a specific gift?

Specific gifts are gifts of specific items, like an item of jewellery or your golf clubs

What is a pecuniary gift?

Percuniary gifts are gifts of a certain amount of money to a certain beneficiary

Does my partner inherit everything automatically?

If you haven't made a Will and live in England or Wales and have an estate worth less than £270,000, the surviving husband, wife or civil partner will inherit all of the estate. Complications arise when you are not married, have an estate in excess of £270,000, or have children from a previous relationship.

The myth of the common law husband or wife. Lots of people refer to thier long term partner as my common law husband or wife. Unfortunately this counts for nothing when you die! Without a valid Will, unmarried partners cannot inherit anything from each other.

Do I need probate?

Assets and Debts - Stage one

You must establish what assets the deceased had i.e. savings, shares, house insurance policies, jewellery etc. You must also find out if they have any debts at the date of thier death such as mortgages, utility bills, credit cards etc. To find the assets and debts you must go through the deceased's paperwork to find out the information. The next stage is to find out what the value of the debts and assets were when the deceased died.

The second stage is to apply for a Grant of Probate.

Some banks/providers will require a Grant of Probate before distributing the assets to the Executors. Each bank/provider has their own set limit on what they will release without the Grant of Probate. This means that the Grant of Probate is not always required.

What is Probate?

Probate is basically a Court sealed certificate that enables the Executor to close or transfer assets. It is granted by the Probate Registry which is part of the court system.

What if I do not want to be an Executor?

There are several routes you can go down.

The first one being filling out a form allowing someone else to act as Executor on your behalf. This is called a special Power of Attorney.

If you do not want someone else to act for you and you have not already carried out any Executor duties, then you can renounce.

The final option and a common one is to have what is termed "Power Reserved". This means that you will not act as an Executor, and you want to leave it to other Executors. A common situation is where children are appointed as Executors, and they agree that just one of them will apply for the Grant of Probate. The Executors not applying can apply in the future if they want, through a separate application.

Can I name a beneficiary as an Executor?

Yes, you are allowed to name a beneficiary as an executor. However, you are not allowed to ask a beneficiary to witness your Will.

After I fill out the Claim Checker form, what happens?

You will receive an outcome report with an instant answer on your legal standing to bring a claim, and a breakdown of the strengths and weaknesses of the key issues. 

Is the Claim Checker free?

Yes, the Claim Checker is completely free of charge. Once complete you'll receive your outcome report, outlining the key issues. 

We partner with IDR Law, Inheritance Dispute Specialists, who will contact you for a free no obligation chat about your situation. 

Should I challenge the inheritance arrangements?

One in three people rely on an inheritance to buy property, pay off a debt, or pay for their elderly care.

If you were relying on inheritance for any of these reasons, then you are well within your rights to question if you think the inheritance has been incorrectly distributed.

Deciding to dispute inheritance can seem like a difficult undertaking because of the sensitivity around losing a family member, or the resulting family disputes which often arise.

If you are legally entitled to a greater share of the inheritance, you should not feel uncomfortable challenging the arrangements to receive what is rightfully yours.

Is there a time limit to dispute inheritance?

The longer the time from a person’s death, the harder it can be to dispute inheritance. It is still possible, but there are two main issues that can arise.

Gathering evidence

It can be difficult to gather enough evidence to support your case because everything is old. Witnesses may have died or will files, and other documents may have been destroyed.

Overturning previously settled cases

It can be difficult to challenge the administration of an estate that was carried out and settled a long time ago, if it was considered to have been carried out correctly and in good faith at the time.

The courts may be reluctant to overturn or interfere with a case that was considered settled, and all decisions made around the estate were considered correct.

IDR Law can help assess your circumstances and advise on the likelihood of a dispute being considered by the courts.