Making a Will

A will is a legal document that ensures that when you die, what you leave (after paying tax and debts) is distributed in accordance with your wishes. Even though you may feel that you do not have a great deal to leave, a will ensures that your personal belongings go to the individuals you choose. A will can also minimise tax liabilities for your estate.

Preparing a will can also ensure you address any special circumstances, such as a disabled child, step-children, cohabitees and same sex partners, for example. Making a will means that you are in charge and you will be able to arrange your affairs as you would like.

If you do not have a will in place then upon your death the intestacy rules will apply instead. These are specific legal rules relating to the distribution of your estate. They can result in your assets being passed on to individuals who you would not wish to benefit.

Anyone over the age of 18 can make a Will. If you don't make a Will, the money intended for loved ones could end up in the Government's coffers.

Making a Will can seem like a daunting task but in fact it's very quick and easy and a Will can be drawn up for as little as £100.

Drawing up a Will provides real peace of mind and ensures your loved ones are provided for and do not have additional stress at a very difficult time for them.

You can contact us by completing our online enquiry form.

Intestacy

When a person dies without leaving a Will (intestate), their property (the estate) is shared out according to the rules of intestacy. These rules set out who is entitled to inherit from your estate if you don't leave a valid will.

The order of priority is the spouse or civil partner, then children then parents, brothers and sisters and so on. Your spouse/partner will not necessarily inherit the whole of your estate because this depends on how much is in your estate and which of your blood relatives survive you.

There can be complications. If any of the following circumstances apply to you, the intestacy rules may not cater for your situation in the way that you would wish:

• You are living together but are not legally married or in a dvil partnership but wish your partner to inherit some or all of your estate.
• You are married or in a civil partnership and have children and you wish your spouse/civil partner to inherit all of your estate.
• You have no living relatives and wish to leave your estate to your friends or to a charity (the Crown may take your estate if you die leaving no will and no surviving relatives)
• You are married or in a civil partnership and don't wish your spouse/civil partner to inherit anything
• You are married or in a civil partnership but have no children
• You are married or are in a civil partnership and have children from a previous relationship and you wish to ensure that your children receive something from your estate
• You have dependant relatives, eg children under 18, elderly relatives or relatives with a disability who have special needs and you want to make sure that they are looked after and provided for. If you make a Will you can appoint guardians to look after your children and set up trusts in your will to provide for dependants.
• Your estate is large and may be liable for Inheritance Tax and you wish to make arrangements for tax planning

People do not like thinking about death and the effects it has on those they leave behind, but it is something had has to be faced eventually. Without a will you have no control over your affairs, and have to rely upon the rules made by Parliament. By making a Will you can ensure that your assets go to those you wish should have them.

Statutory Legacy in Intestacy

Married couples and civil partners should not assume that when their spouse or civil partner dies, they will automatically be entitled to everything. There are limits on the amount that surviving spouses or civil partners are allowed to inherit if their spouse/civil partner die leaving children or other relatives. Despite the increase of these limits in February 2009, it is important that all individuals make arrangements for their loved ones in the event of their deaths by making a Will.

You can contact us direct by completing an online enquiry form.