With so few people having a Will we thought we should put together a quick guide to shed some light on why it’s so important to have a Will.
What is a Will and what does it do?
- A Will is a legal document which specifies what happens to your assets (your Estate) when you die. A Will can also:
- Appoint Guardians for children.
- Appoint Executors – people to administer your Estate.
- Appoint Trustees – people to administer a trust fund for young children, children from a first marriage, disabled beneficiaries etc.
- Create a trust to protect your assets for disabled beneficiaries, young children, children from a first marriage whilst still providing for spouse/civil partner/partner.
What problems can arise from not having a Will?
- Disputes – are more likely where there is no Will. Although disputes can still arise even if you have a Will (under the Inheritance Provision for Family & Dependants Act 1975 certain categories of people are entitled to bring a claim against your Estate if they do not feel reasonable financial provision has been made for them) but professional advice from a will writing expert can reduce such risks.
- The wrong people inherit – Your Estate could go to people you don’t intend it to.
- Your partner could miss out – Intestacy Rules apply in the absence of a Will. The Intestacy Rules make no provision for a cohabitant or partner only a spouse, civil partner and blood relatives are benefitted under the Intestacy Rules.
- If remarried, your children’s interests could be overlooked – If you have remarried and do not make a Will the Intestacy Rules would divide your Estate between your new spouse or Civil Partner and any children from your first marriage, in the spouse or Civil Partner’s favour which may not be your intention. You may prefer to protect your estate for your children.
When should you make a Will?
We appreciate it may not seem like a top priority when young and in good health – but everyone should have a Will especially if:
- You own a property.
- You are in a long term relationship but not married or Civil Partners.
- You have young children – you should make a Will to appoint Guardians for your children.
- You have married – marriage automatically revokes a Will so if you have remarried take care – if you don’t have a Will the Intestacy Rules apply leaving your Estate to your new spouse with limited provision for your children. If you make a Will you could create a trust to provide for your new spouse or Civil Partner whilst protecting your capital for your children.
Making a Will: Start by booking a Will appointment.
Before the appointment we will send you a simple questionnaire to fill out with your personal details and brief outline of wishes for your Will.
The Will appointment
- We discuss your wishes in detail.
- Answer any questions you may have.
- Advise on the best way to achieve your wishes.
- Assess for Inheritance Tax and potential claims.
Following the Will appointment:
- We will draft your Will and provide a detailed letter of advice raising any concerns and suggestions.
- You can amend your Will if you change your mind in any way.
- At a follow up meeting you sign your new Will (in the correct way otherwise the Will can be invalidated).
- We’ll store your Will free of charge in our secure strongroom and provide a copy for you to keep at home.
Why use Thorne Segar?
- We are regulated by the Solicitors Regulation Authority.
- Your beneficiaries could sue us in the unlikely event of us getting it wrong. If you do it yourself and make an error there’s no compensation.
- We are professionals and experts in Will drafting – Rebecca Padgett is a member of STEP, the Society of Trust and Estate Practitioners.
- We offer inheritance tax advice and planning.
- We have awareness of the potential pitfalls (of which there are plenty for the unwary) – you don’t know what you don’t know!
- We offer trust advice – providing for a beneficiary while protecting capital (eg providing for a Spouse while protecting capital for children).
- We provide specialist advice in Wills to provide for disabled beneficiaries.
- Claims – we can advise on potential claims and what you can do to protect your Wills.
How much does it cost?
Starting at £300+VAT for a single or £500+VAT for mirror Wills (for couples whose Wills mirror each other’s).
Cancer Research UK Wills are available subject to their eligibility requirements.
Get started today:
Contact Rebecca Padgett or Iestyn Milton-Jenkins today to book an appointment:
01643 703234 email rebecca.padgett@thornesegar.co.uk
*Source – You Gov survey on behalf of Kings Court Trust, 2018.