More than half of British adults have yet to write a will, even though dying without one will often mean that their wishes aren’t carried out. A recent study found that 51% of adults have not prepared a will. In the event of their death relatives and friends may well be left unprovided for with others benefiting unfairly. Expensive and protracted disputes can follow.
Dying intestate, or without a will, means that the people to benefit from your estate are decided by an Act of Parliament rather than by you. Unmarried partners or those in a Civil Partnership may get nothing. If you don’t have any living relatives and want to leave your property or possessions to friends, but you haven’t written a will, the Crown may take your estate.
why write a will
Writing a will ensures that your estate will go to exactly who you want when you die. It also enables you to decide who will be responsible for ensuring that this happens by appointing executors. As a parent you can state who you want to look after your infant children. You can incorporate funeral directions and may be able to make plans to save Inheritance Tax.
what to consider
Firstly think about the extent of your assets and liabilities - it may be sensible to make a list. Then consider who you would like to inherit what you own. At this stage don't worry about what may or may not be possible just decide what you would really like to happen and when. We can advise you about how this might be achieved when we meet you to discuss your requirements. If your estate might be liable to Inheritance Tax we can also consider ways to mitigate that.
You will then need to consider who you would like to be responsible for administering your estate. Executors are there to ensure that your beneficiaries receive what they are entitled to, that any debts and taxes are paid and that your wishes are carried out.
It may also be appropriate to add funeral directions to your will. Finally if you have infant children you may wish to appoint testamentary guardians.
how to proceed
When are ready to proceed contact us. If you live locally we will make an appointment to come and see you to discuss your requirements. If you do not live locally we can deal with everything by telephone, post and / or email. We will be able to answer any questions that you have and give you the professional advice that you need. We are qualified to do this not only by years of experience but also because we are fully regulated by the nationally recognised Institute of Professional Willwriters.
If you instruct us to prepare your will we will produce a draft document for discussion. When any amendments of additions have been made we will then prepare final versions and ensure that they are signed and witnessed properly before being stored. In other words unlike some of our competitors we offer 'full service' will writing for our clients.
what our service includes
When you use our ‘full service’ will preparation this can include:
meeting you at least once at your home to discuss your circumstances and requirements in detail;
discussing your circumstances and requirements on the telephone if we cannot meet;
having as many meetings or discussions as are required to get everything absolutely right – Geoff Christie (who will be advising you) has over 35 years experience as a practising solicitor and has written hundreds of wills;
sending you a ‘Terms of Engagement’ letter so that you have absolute certainty about what we will do and how much it will cost;
advising you about how to avoid future disputes about the provisions of your will;
advising you about possible Inheritance Tax (death duty) issues which may affect you;
advising you about how assets (including the family home) might be preserved for future generations;
advising you what to do if you have any assets abroad;
advising you about the appointment of executors;
advising you about the appointment of Testamentary Guardians for infant children;
advising you about financial arrangements for infant children;
advising you about funeral arrangements;
giving advice about care of your pet animals;
advising you about any proposed gifts to charity and possible assistance from the Charities Aid Foundation;
preparing a draft will and sending it to you for consideration;
discussing the draft will with you and making any necessary alterations or additions to the document;
producing a final version of the will for signature;
making arrangements for your will to be properly dated, signed and witnessed in accordance with statutory requirements – if you live locally we can visit you to do this;
ensuring that any previous will that you have made is rendered ineffective;
ensuring that your new will is stored safely and that you advise those concerned where it is;
providing you with a copy of your signed will to retain for future reference;
retaining our file indefinitely for future reference and just in case anything is lost;
doing anything else which we consider should be done to ensure that your wishes are fulfilled.