I want to make a new Will/amend my existing Will, can you still help me?
Yes of course. Instead of a meeting at our office, we will book you an appointment for a telephone call or a video conference. Please click here.
Getting your affairs in order, will provide you with peace of mind and make things easier for your loved ones. There is no better time to do it than now. Our advice is not to bury your head in the sand, make a Will, even if you use another firm of solicitors.
It is better to think ahead and get organised now. It will be very difficult to organise from hospital and much more expensive.
What would happen if I die without a Will?
If you die without a Will, the intestacy rules will operate. These rules specify what happens to your Estate in the absence of a Will. They make no provision for unmarried partners or step children. They also follow the blood line, so they may leave your Estate to people you don’t want to benefit.
You may prefer to leave your Estate to charity or friends rather than your family so it is our recommendation you have a Will as you decide who gets what.
I’m not happy with my current Will, what happens if I die before I make a new Will?
If you are really not happy with it, you can destroy the original which would revoke it however the intestacy rules would then apply to your Estate and would direct where your Estate would go on death, which may not be what you intend. The intestacy rules make no provision for step children or unmarried partners.
Careful consideration needs to be given to this course of action, as it is a potentially risky strategy with unintended consequences, so we would recommend you talk to us first.
Can you witness my Will for me?
Yes we can. Please see our procedure here.
If you would prefer that we do not attend to witness your Will you can organise your own witnesses or we can prepare the Will and send it to you to keep. Thus if the opportunity arises to have the Will witnessed (e.g. you require a medical appointment) you can take the Will with you.
What use is the Will if I can’t get it witnessed?
Good question! There is at least a document which records your wishes so the beneficiaries of your existing/old Will or the beneficiaries under the intestacy rules could be shown it and asked to effect your wishes by way of a Deed of Variation.
A Deed of Variation is a legally binding document that needs to be signed within 2 years of your death, which can be used to alter your existing Will or the intestacy rules however the beneficiaries would need to agree it. This is all fine if the beneficiaries respect your wishes and are reasonable and trustworthy.
If they don’t agree to do it, then your old Will or the intestacy rules will operate.
Your new beneficiaries could potentially try to bring a claim against your Estate with the draft Will as evidence of your wishes. However, this would potentially cost a huge amount of money in legal fees, which would be payable from your Estate, and the outcome would be uncertain for all parties.
Our recommendation is that it is still better to have a professionally drafted Will because you may be admitted to hospital and could take it with you and have it witnessed by the staff there.
Now, more than ever, it’s important to get the best legal advice. Whatever your query – LPAs, Wills, Court of Protection – please get in touch.
01643 703234 email firstname.lastname@example.org