Why Should I Write a Will Now?

Without a Will, you die "Intestate" at which point the Government is left to decide how best to handle your estate. The Government estimates that over 70% of the population either does not have a Will, or are unaware that their existing Will is invalid. If you have not made a Will at all, you should give some thought to the following:

If someone dies without making a Will, they are said to have died ´intestate´. If this happens, the law sets out who should deal with the deceased´s affairs and who should inherit their estate (property, personal possessions and money).

For married couples; if you do not have a Will, then the Government will decide what happens to your estate when you die. All of your estate will not necessarily pass to your spouse. The Government have strict guidelines when deciding who will benefit from your estate, which can include children, grandchildren, surviving parents, brothers and sisters depending on your circumstances

 Broadly speaking, same sex partners in Civil Partnership have the same rights as a married couple.

For un-married couples; if you are not officially married, you may be treated as a single person and your surviving partner may get nothing at all. Making a Will in these circumstances can avoid any argument and dispute at a time when your family should be coping with the loss of a loved one.

For parents; you will need to consider who you want to look after your children in the event of your death. This is very important in the case of one-parent families or unmarried parents living together, especially if your child was born before 1st December 2003, (see Parental Responsibility). A valid Will nominating a guardian is invaluable in such cases. If you do not appoint a guardian a court may decide on your children´s future if you are not around.

For single people; you may have friends, family members or a charity who you would like to benefit after your death, especially if you do not have any living relatives. Making a Will ensures your estate goes where you want it to.

What is Tenants in Common?

This is a way of 2 people owning a house so they can each control their share of the house in their Will. If you own a house Jointly, it automatically passes to the surviving owner when you die; it is not controlled by your Will. If you own the property as Tenants in Common you can leave your share to whoever you want. If you want to change your property to Tenants in Common or just learn more about it then please ask.

Tenants in Common and Trusts may protect your home from Care Fees should one of you die and the survivor went into a care home at some time. This cannot be arranged for single people.
You should also consider a Protective Property Trust as this can prevent the council from taking a deceased partners half of the property should a surviving partner be taken into care. It is simple to do and can save many  thousands of pounds in the value of your estate.

Whatever your circumstances there are many reasons why you should make a Will. I  can offer a free home visit to discuss your Will and other important aspects of Estate Planning and it shouldn´t take any longer than an hour. Contact me for your free home visit.

What if I already have a Will?

Even if you have a Will it should be reviewed regularly to ensure it is up to date. You should also consider any changes in your personal circumstances, for instance if you get married any previous Will becomes invalid.

You may have additions to your family, children or grandchildren for example who you would like to include in your Will.

Where should I store my Will?

After taking the trouble of making your Will, why leave storage to chance? If you store your Will at home it could get lost or damaged.

We have access to a Safe and Secure storage facility which guarantees your Will along with any other valuable documents, is kept safe. Our storage facility also allows access to your Will should any changes need to be made. But most importantly your Will can be located easily when the time comes.

You can store your Will anywhere you like but we offer a whole of life secure vault storage at a very reasonable fee and we strongly recommend that you take up this offer, imagine if you die in a house fire and your Will is destroyed in the same fire, all of your efforts would be in vain.

Who can be my Executors?

Most people want to make sure that control of their assets stays within their family or group of close friends so these same people can also be your Executors.

You need a minimum of 1 and maximum of 4, if there´s anything complex in your Will, you should consider using a professional to act as an Executor together with your family overseeing the role.

Many customers choose to use a professional executor to act on their behalf, because they understand this will save the family time as well as money. Please ask about this service at the meeting.

Who can be my witnesses?

Anyone can witness the signing of a Will as long as they´re not mentioned in the Will themselves, not related by blood or marriage to anyone in the Will, over 18 and not blind. Often a friend or work colleagues are ideal.

Do I need to appoint Guardians?

Yes you do if you have any children under the age of 18. Your Will is the only place you can nominate your Guardians so it´s very important to do so. Ideal choices are your parents if they´re able to cope with your young family or your brothers/sisters or close friends, usually someone your children are already comfortable with.

What does "Residue" mean?

This is everything that´s left of your estate once all of your debts have been settled (including Funeral Expenses) and all of your specific gifts have been given out. This will include your bank accounts, your car, furniture and any property that you own unless any of these have been previously mentioned in your will to go to someone in particular.

My wife & I own a house that´s worth more than £600,000 on its own, are there  ways that I can avoid Inheritance Tax?

Yes, there are many but I need to assess your personal situation to give best advice so please e-mail or telephone me to discuss your situation. 01582 515505 or see contact details page. Local Home Visits in LU,MK,SG,WD,EN,AL,HP Post codes.