
Making a Will
If you have any kind of property or assets you need a Will. The simple fact is that everyone dies, even though that it is hopefully a long way off. Whatever you own, such as a share in a house, furnishings, a car, savings, you want to make sure that they go to your loved ones in the event of your death.
If you die without a Will, or “Intestate” as lawyers put it, there are rules governing what will happen to your assets. This may easily mean that your possessions are not distributed as you would have wanted or expected. In particular your spouse, civil partner or cohabitee may not automatically inherit your estate, even if you have been living together for a very long time. It is therefore vital that you make your own wishes clear in a properly drawn up Will so that everything goes where you want it to go. It is also important that your Will complies with the formalities laid down by the law, otherwise it wont work.
We will discuss what you want in your Will with you, and we will be happy to help you think through the various things you will need to decide upon. You can put almost anything you wish in your Will, although you should bear in mind that unless you provide adequately for anyone who is actually dependent on you, they may have a claim against your estate, which they could bring in the courts. This could well cause real divisions among your family and lead to legal costs eroding the value of your estate. Please do ask us for advice about your own personal circumstances. Make sure that you know of the risks so you can make an informed choice.
Before you consult us you may like to think through your wishes. It will help if you have considered:
- Would you like to be buried or cremated and what kind of ceremony, if any, would you like?
- Who would you like to appoint as executors (the trusted people who will implement your wishes), and what should happen if you live longer that they do?
- Who should take care of your children, if you have any?
- What specific gifts would you like to make in your Will?
- If that will leave something left over (the “residue”) how would you like that to be divided up and distributed?
- What should happen if anyone you are leaving things to dies before you do?
- Who should take care of any pets?
If your total assets are worth more than £312,000 (in the 2008/9 tax year) there may well be tax to pay but there are steps you can take, perfectly legally, to minimise this. We are experts in this area and will discuss your options.
Finally, bear in mind that any significant event in your life may leave your will out of date. For example, if you marry, separate or divorce, have a child, inherit anything of value, buy a house, see a real change in your income or anything else of importance you should review your will and check that it still does what you want it to do. If not you should consult us and we can help you make a new Will or add a Codicil, depending on which is the more appropriate.