Making A Will
Making a Will is the only way to ensure that your wishes are carried out after your death, and show your loved ones how much you cared by 'sorting things out' in advance.
Most Wills are quite straight forward and the whole process is less complicated than you may think. As members of the Society of Will writers we specialise in value for money Will written by our experienced and fully qualified professionals. A Will brings security, reassurance and above all, peace of mind - not just for you, but for all those who depend on you either now or in the future.
An Executor is the person who will carry out the wishes as specified within the Will. This can be a spouse, children, other family members, trusted friend a professional or any combination of these. An Executor must be over 18 years and someone who is trusted and will be able to cope with dealing with, and sorting out the estate. A beneficiary can also be your Executor.
MARRIAGE, SEPARATION AND DIVORCE.. THE EFFECT OF
Any marriage, which takes place after a Will has been signed, automatically revokes and makes any previously signed Will invalid. The exception to this rule is where the Will is signed in contemplation of marriage (I.e the intention was to get married when the Will was made and the Will specifically states this). Therefore, it is important upon marriage or remarriage that a new Will is made, as otherwise any old Will is invalid and the estate will pass under the intestacy rules.
Until a divorce is finalised, a separated spouse can still benefit under a previously signed Will, and the laws of intestacy where there is no Will. It is therefore important that a new Will is made on separation, and reviewed again once the divorce is finalised.
If your children are young you need to consider who would raise them if neither parent is able to do so. By appointing a guardian in your Will, you can feel sure that in the event you cannot raise your own children, they will be cared for by people you choose.
Guardians must be adults over 18 years of age, physically able to do the job and have the time to do so.
ASSETS HELD ABROAD
Foreign assets (including property) which are held abroad, may not necessarily pass under an English Will, but may pass according to the rules and laws applicable to that country. It is recommended that where any foreign assets are held, legal advice should be sought in that country and a Will executed to deal with those assets. It is possible to have Wills in different countries but it is important that each of these does not revoke the other.
When a person dies without leaving a valid Will, their property (the estate) must be shared out accordingly to certain rules. These are called the Rules of Intestacy. A person who dies without leaving a Will is call an intestate person.
Only married or civil partners and some other close relatives can inherit under the Rules of Intestacy.
A single Will is currently £195 inc VAT.
Sometimes known as ‘mirror wills’ these wills generally reflect the Will of your partner/spouse. It is usual to create independent Wills even if the wishes are identical. However, unless the Wills indicate otherwise, each of the parties are entitles independently to change their Will, at any time, without having to inform the other.
A double will is currently £295 inc VAT.