1. Who should make a Will?

Anyone can make a Will if they are 18 or over and have mental capacity to do so. Some might say I don’t have any assets so what’s the point? Wills cover more than assets (for example who is the guardian for any minor children), and they even say who is then legally allowed to deal with your estate once you die which can make life a lot easier for those you leave behind.

 

  1. What do I include in the Will?

The main topics covered in a Will include:

  • Executors: who you want to be in charge of dealing with the administration and sorting your affairs out.
  • Funeral wishes
  • Guardianship: who you want to look after any minor children that survive you and be able to make decisions for them.
  • Legacies/gifts: can be certain items, possessions, cash sums (almost anything)
  • Residue: who gets whatever is left over after all debts/costs are paid and legacies have been paid/distributed

There can be other topics covered in the Will as well, but these are just some of the more common basics.

 

  1. Does my Will ever get cancelled?

In certain circumstances yes it can be cancelled. A Will remains valid until one of the following:

  • A new Will is made that revokes the previous Will
  • The Will is deliberately destroyed with the intention of revoking it
  • You get married/enter a civil partnership (and the Will does not include an anticipation clause to counteract this)

 

  1. Can I change my Will in the future?

Yes, you can change your Will at any time you wish so long as you have capacity to do so and meet the necessary requirements stipulated in law.

 

  1. How do I make a Will with a solicitor?

Simply give them a call to book an appointment and they will tell you the next steps. The initial appointment will often discuss things such as your family circumstances, your assets (to discuss inheritance tax) and what your wishes are for the Will. Whilst it sounds daunting, most people usually feel great relief after getting their Will finalised and don’t realise just how straight forward it can be with a solicitor.

 

  1. What happens to the original Will after signing?

In many cases where a solicitor makes the Will for you, they can look after the original in their safekeeping and then provide you with copies. (At Fisher Jones Greenwood there is no charge for looking after original Wills). If you would prefer to keep the original Will yourself then that is perfectly fine (just make sure it is kept in a safe place and that someone knows where to find it if needed).

 

  1. What happens if I die without a Will?

The intestacy rules apply. This is a hierarchy of who inherits an estate as set out by law stating which family members receive your estate. This includes people such as spouse, children, parents, siblings and more. The intestacy rules apply to everyone without a Will which does not always reflect an individual’s wishes so it is best to make a Will.

 

At Fisher Jones Greenwood LLP we are happy to help with drafting Wills for whatever the situation. If you would like further information about making a Will or would like to make a Will, then please do  call us on 01206 835261 or contact us