Writing a will with the help of a specialist will service is highly recommended, despite the amount of ‘will writers’ offering their services online for less than credible prices. A professionally produced will involves consultation, advice and guidance and is much more than a form filling exercise.
Our experienced wills solicitors and lawyers go beyond merely ensuring that your will is legally valid. They offer advice on how best to structure the gifts you wish to pass on, both through your will and during your lifetime, to help avoid or reduce any potential tax burden.
Will writing is a very personal matter so we give each and every client a high level of personal attention. Your circumstances and wishes will be different to other people’s so there is no generic template for making a will. Our wills solicitors and lawyers tailor your will to your individual requirements.
Despite the bespoke nature of our will writing service, we provide a fixed price for making a will. The cost for our will writing service is as little as:
£650 + VAT single or
£750 + VAT for a couple
Why should you make a will?
Many people put off making a will. This is unfortunate because your will is probably one of the most important documents you can complete. You need a will if:
You are married or in a civil partnership
Making a will is a great way to help secure your spouse’s or civil partner’s future. It is particularly important if assets are owned separately. Without a will then your spouse or civil partner may only be entitled to the first £250,000 from your estate and the income from half of the remainder. If you have no will your estate passes under the rules of intestacy – to see our Intestacy Flowchart.
You have children
You can use your will to select who you would like to look after your children should you die. Wills can also be used to provide for your children’s futures by stating what is to happen to your assets. Similarly, you can provide for your grandchildren by setting up trust funds for their education etc.
You are in a long term relationship
If you are not married or in a civil partnership you would need a will to pass on your assets to your partner. For instance, couples often buy properties together but hold their own separate shares in it. To make sure your partner gains the benefit of your share it is necessary to cover this in your will otherwise it will pass through the intestacy rules – to see our Intestacy Flowchart.
You want to pass on legacies
You may be considering passing on a specific personal item or a financial gift to a friend, family member or charity. The only way to do this after your death is through your will.
You want to prevent the loss of your home to home care fees
Wills can also be used to protect the whole or part of your estate from care home fees (click here for more details). If you own or jointly own your own home then the whole or your share can be put into trust for your relatives so that it is not available for paying care home fees.
You’ve been divorced
Any will you had in place prior to your divorce will be affected by the divorce. For instance, any gifts to your former spouse will fail as the law regards her as predeceasing you. However, until you are formally divorced then the terms of the will remain valid. The same applies to dissolutions of civil partnerships.
You are about to marry/enter into a civil partnership
Marriage or civil partnership will cancel any previous will you have made unless it specifically provides otherwise. Therefore, unless you make a new will, your estate will pass under the rules of intestacy – to see our Intestacy Flowchart.
You are concerned about inheritance tax
Wills remain a very good way to mitigate against inheritance tax. We will be happy to talk through the options with you.
Home visit service
We understand it is not always easy to come to us. That is why we offer a Home Visit Service to clients who would like to discuss issues such as making a will, creating trusts, lasting powers of attorney or discussing the administration of a deceased person’s estate (probate).
We can visit clients in a hospital, hospice, care home or nursing home to help sort out their affairs and can make out of hours appointments by arrangement.
If you would prefer to deal with your legal affairs at home or otherwise out of the office please contact us on 07724184862 to arrange a visit.
Frequently Asked Questions
The most commonly asked questions are answered below:
What happens if someone dies without a will?
If you don’t make a will:
- your wishes may not be carried out
- the statutory rules of intestacy will determine who gets what
- if you are unmarried your partner will receive nothing under the rules of intestacy as your assets will go to your nearest blood relatives and your partner may have to commence expensive action through the courts for required provision from your estate
- if you are married or have a civil partner your partner will not be entitled to your whole estate if it is worth more than £250,000 – in some circumstances this may mean having to sell the family home
- if you have no close relatives then your estate will go to the Crown
How do you create a will?
To create a will you must:
- Identify Your Assets and Debts: Ensure that you can provide your solicitor with details of all of your assets (property, bank accounts, investments, pensions etcetera) and any debts you owe (i.e. mortgages and loans). This will enable a solicitor to advise you about inheritance tax and understand what you will be leaving to your chosen beneficiaries.
- Choose Your Beneficiaries: Decide who you would like inherit your assets. This can include family members, friends, or charities. You can leave them sums of money or personal items, or a percentage share of your estate.
- Appoint the Executor(s): Select a someone or several people that you trust, or professionals such as solicitors, to deal with your estate in accordance with your Will. They will manage your estate, pay any debts, and distribute your assets as you wish.
- Name Guardians for Minor Children: If you have minor children, designate a guardian to care for them in the event that you pass away before they reach the age of eighteen.
- Sign Your Will: Sign your Will in the presence of witnesses.
- Store Your Will Safely: You can ask your solicitor to store your Will for you in their archives, or you can store your Will in a safe place at home. You should inform your Executor and close family members where it is stored.
- Review and Update Your Will: You should regularly review your Will and update it as necessary, especially after major life events such marriage, divorce, or the birth of a child. This will ensure that your wishes are kept up to date.
What should be included in a will?
Executor(s)
You will need to appoint someone or several people to be the Executor(s) of your estate. The executor is the person or persons you choose to carry out your wishes set out in your will.
They have to be over 18 and someone you feel you can trust to follow your wishes in an organised way. For example you could choose a spouse, close relative or family friend, either alone or jointly with another person.
If you are concerned about the complexities in dealing with your estate then you can appoint Zara Clark solicitor to act as a professional executor. This is particularly useful if you have a complicated or valuable estate, or perhaps your relatives do not get on with each other.
Guardian(s)
If you have any minor children, it is a good idea to appoint a guardian or guardians to take care of them in the event that you pass away before your children turn eighteen.
Gifts/Legacies
If you would like to, you can include gifts (also known as legacies) in your Will to family members, friends and charities. You can gift sums of money or personal items such as jewellery and pieces of art.
Funeral wishes
You do not have to include these but it is sometimes helpful to include in your Will whether you would prefer to be buried or cremated, and any other funeral wishes that you may have.
Wills can be tailored to you and for the most part can include anything you wish, but these are some of the most important elements.
What is the difference between a living will and a last will?
A Living Will and a last Will and Testament are both important documents in estate planning but they are completely separate documents.
Living Will
A Living Will outlines your preferences regarding end-of-life decisions, in case you become incapacitated and are unable communicate your wishes. The document generally deals with decisions about life support, resuscitation, and other life-sustaining treatments.
A Living Will is effective whilst you are alive, but only when you are unable to make decisions regarding your medical care.
Last Will and Testament (Will)
This document specifies who you would like to inherit your assets when you die. It can also include an appointment of guardians for the care of minor children and the appointment of an Executor to manage your estate.
Your Will only takes effect after you die.
Understanding these differences between the documents can help you to ensure that both your medical and post-death wishes are followed. If you would like to put in place a Living Will or a Last Will and Testament, you should consult a solicitor. They will be able to draft the documents in accordance with your wishes and make sure that they are signed and witnessed correctly, to ensure that they are legally valid.
What is an estate?
Everything you own at the date of your death – all property, personal and household possessions, vehicles, savings, shares etc. less any mortgages, debts etc.
What will my executors do?
Your executors will have a number of specific duties. They must:
- arrange your funeral
- find out what assets and liabilities you have
- arrange to obtain the grant of probate of your will which gives them the legal right to deal with your estate
- pay any liabilities and tax that may be due
- arrange to sell or transfer the assets in your estate
- account to your beneficiaries, setting up trusts where necessary
Zara Clark solicitor is always willing to assist with the administration of the estate whether by doing small parts, like getting the grant of probate, or taking the whole responsibility of administering the estate off the executors.
What if I get married?
If you marry after completing your will then the marriage will invalidate it. If you are planning to marry then a clause can be put in to stop the will becoming invalid. The same provision applies to entering into a civil partnership.
Does divorce affect a will?
If you are getting divorced then it would be worth taking expert legal advice on the consequences. Your priorities on who should benefit may change after divorce. After the divorce, if you have appointed your former spouse as executor or made gifts to her, then these will all fail. The rules say that on divorce your will, if not altered, will read as if your former spouse had predeceased you. But until the divorce is final the will remains intact. The same provision applies to the dissolution of a civil partnership.
Can I change my will?
You can change your will as often as you like. Small changes can be made by what is called a codicil. For anything more significant a new will may be needed to avoid confusion.
What is inheritance tax?
If someone’s estate is worth more that £325,000 (the nil rate allowance – correct for financial year 2011/2012) then, unless certain exemptions apply, when they die there will be tax (currently 40%) to pay on anything above that sum. Anything below the figure passes free of tax.
Since October 2007 the surviving spouse or civil partner can benefit from a combined tax free sum (£650,000 for the financial year 2011/2012). Gifts made between spouses or civil partners are always free of inheritance tax, as are gifts to charities.
Zara Clark solicitor offers specialist advice on estate planning including how to mitigate both tax and the risk of care home fees reducing the size of your estate.
Do you need a lawyer/solicitor to make a Will?
Whilst you do not necessarily need a solicitor to make a Will, it is best to consult a solicitor to ensure that your Will meets all of your needs, clearly sets out your wishes and is legally valid.
This ensures that you do not die intestate (without a valid Will) and helps to reduce the risk of a dispute over your estate after you die.
Wills need to be executed in a particular way and there are rules dictating how a Will must be signed, dated and witnessed and so it is best to use a solicitor, as they will ensure that this is all done correctly. Failure to sign or witness the Will correctly will mean that the Will is invalid and your wishes will not be followed.
If your Will is invalid then you are classed as having died “intestate”. If you die intestate then there are a set or rules which govern how your estate will be managed and who will inherit. This may mean that your loved ones do not inherit from the estate and may mean that estranged family members will inherit from your estate.