Why do I need a Will?

If you do not have a Will in place when you die, the law dictates how your estate is distributed and the rules on intestacy apply. This will mean that only blood relatives can inherit your estate which can be problematic for unmarried partners, separated spouses, estranged family members and blended families. If you have no blood relatives, the Crown will inherit your estate. This means that your estate may not be distributed how you want it to be.

For more information about the difference having a Will makes and who inherits where this is no Will please see: https://www.gov.uk/inherits-someone-dies-without-will.

Having a Will

A Will is a legally binding document that ensures your affairs are dealt with by someone of your choosing and that your estate passes to who you want. It is the best way to show how you want your affairs to be dealt with.

Benefits of having a Will:

• You are able to appoint appropriate Executors to deal with your Estate after you die (please see our other Article “The Role of an Executor”. You should also consider the benefits of appointing professional Executors
• You can choose who inherits (and who does not)
• It makes your wishes clear
• It provides certainty for you and those you leave behind
• It’s often easier to deal with than an intestacy (where there is no Will)
• It can help with tax planning

What can I put in my Will?

• Any burial and funeral wishes that you may have
• Who you want to administer your estate (executors)
• A guardian to look after children under 18
• Specific gifts or legacies to family, friends or charities
• Who you want to inherit the remainder of your estate
• Measures to mitigate potential care home fees
• Measures to protect vulnerable beneficiaries
• Measures to protect respective families for those with blended families
• Trusts (Property/Discretionary/Disabled Persons Trusts)

How to make a Will

Making a Will does not have to be a stressful or lengthy process, and Williamsons will guide you through it.

Step by Step

• Contact Williamsons for an appointment
• You will be sent an instruction sheet detailing all the information required for us to advise you on your Will (this can be completed before or during your appointment).
• Discuss your requirements face to face
• Receive and check your draft Will
• Finalise and execute your Will

Making a Will is also a perfect time to consider putting Lasting Powers of Attorney in place if you haven’t already done so and we can discuss the benefits with you.

Excluding People from your Will

Family circumstances may mean that you do not want someone to inherit from your estate, however they may have a right to make a claim on your estate, for example if they are a spouse or child who might normally expect to inherit. Williamsons are able to advise you of the steps you can take to protect your estate from claims.

Professional Executors

If you don’t have anyone that you would like to be the executor of your Will or you would rather a professional be involved, then Williamsons would be happy to act for you. Our specialist lawyers can deal with the administration of your estate using a wealth of knowledge and experience and in doing so will ease the burden on your loved ones at a time of grieving. We can also provide you with an estimated likely figure for our fees.

Inheritance Tax

Inheritance tax is often payable on death if you have a large estate. There are various tax-free allowances available for individuals and spouses. We can give you general advice about where you stand and any measures that can be taken to reduce your potential tax liability.

How Williamsons can help

We can assist you in the preparation of your Will to give you reassure and peace of mind that your affairs will be dealt with as you wish after your death.  We can also be appointed as professional Executors when needed.