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Why should I write a Will?

Writing a will is the only way to ensure that your wishes are carried out  after your death. It gives you control over all you own and allows you make sure that your next of kin are looked after when you go. A good will saves worry, anxiety, and distress when you are alive and prevents arguments about who should get what when you die.

Do I need to update my will?

Yes, if things change, such new offspring or a marriage or divorce. Your circumstances are always changing, and we recommend a review of your will every 4 years, or beforehand circumstances alter.

Who makes sure my wishes are carried out?

When you make your will you appoint executors who can also be appointed as trustees if required. If you don’t make a will, an Administrator is appointed who is usually your next of kin. He/she has powers which may not work as well  as the ones you can put in your will.

Won’t my partner automatically inherit everything I own?

Not always. Children of any age and distant relatives can inherit part of the estate when you die. This means that the your partner may have to sell the family home to make sure that the beneficiaries all receive their share. If you are in an unmarried relationship, the Intestacy rules may not recognise your partner and assets could pass to other relatives.

What if I have made a will and have re-married?

A will ceases to have any effect when you  re-marry unless you state in your will that you are making it in anticipation of marriage.

Divorce does not automatically cancel your will. A gift to your spouse however will not survive. Your former spouse can also not become your executor unless you make a special provision in a new will

What if I don’t have a partner or any children?

The Rules on Intestacy will determine which relatives receive what. If there are no qualifying relatives, your assets will pass to the government or the Duchy of Cornwall or the Duchy of Lancaster, depending upon where you live. Most people would prefer to leave their estate to a Charity in these circumstances

Why do I need to appoint a guardian for my children?

If something were to happen to you and your partner before your children reached the age of 18 you would want to know that they were being cared for as you would wish. When considering who to chose as Guardians think about their age, where they live (would your children have to move away from schools, friends etc), how close are your children to the Guardians, do your Guardians share your views on childcare issues?

You can also use your will to say how your children will be safeguarded financially and arrange for your trustees to be able to advance interest or capital for your children’s benefit.

It is not always a good idea to have the same people as guardians and trustees. If the same people look after your children's money and  welfare conflicts can sometimes develope

How do I know what to leave?

Think about all of your assets including property, home contents, jewellery, your car, savings, insurance, pensions and investments. This makes up your estate. Decide on any specific gifts to named individuals or institutions you would like to make, and decide who will inherit what is left over - the residue.

What happens to outstanding debts and funeral expenses?

Any outstanding debts including your funeral and legal expenses, will be paid out of your estate before the named beneficiaries receive their entitlement.

Who can witness my will?

You will need two people over the age of 18 who are not executors or beneficiaries  in the will or married to a beneficiary.

Does a witness need to know what my will says?

No they just need to know that they are witnessing you signing your will

What do I do with my will once it has been signed?

Store it in a safe place and tell your executors where it can be found. We have facilities for storing wills free of charge.