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A Will is a legal document which records your instructions as to how your estate is to be dealt with after your death.
There is a common misconception among many people that if you are married, in a civil partnership or have adult children then you do not need to make a Will. This is not necessarily the case. It’s also a misconception that Wills are only for the wealthy.
A Will can cover a whole host of things, from funeral arrangements to who should bring up your children if they are under the age of 18. It can protect your partner if you are unmarried and help to avoid paying more inheritance tax than you need to.
Dying without a Will
If you die without having made a Will your estate will be divided according to the Intestacy Rules which sets out a strict a hierarchy of relatives that receive your estate. This means that people you care about may not inherit anything which can lead to additional heartache, family squabbles and worry.
Many people live together without getting married or forming a civil (legal) partnership. In this instance, your partner will not inherit any of your estate if you do not make a Will. This may leave them in financial difficulty after your death and force them to make a claim against your estate, which can be an emotionally draining, lengthy and expensive process.
Taking care of others in your Will
There may be other family members that are of concern, for example if you have young children you may need to make a Will to appoint a Guardian to care for them in the event of your death.
You may have other loved ones that you wish to benefit from your estate but need the extra protection of a trust to safeguard their inheritance. This can be created in your Will. You may want to remember your favourite charity in your Will by leaving them a legacy or share of your estate. You may even want to set out who will take care of your much-loved pet!
Appointing an Executor
When making a Will you can appoint an Executor (or Executors) to carry out your wishes. Is often good to have a think about who this might be in advance of speaking to us about making your Will, and letting that person know.
There are specific rules that must be followed about how Executors notify the authorities about a person’s death and distribute the estate. That’s why it is also not uncommon for a Solicitor to be appointed as one of the Executors.
Make a Will. Get peace of mind
It’s thought that as many as 60% of people don’t have a Will. Yet a Will gives you the opportunity to record clearly how your estate is to be administered and divided. At Bury & Walkers we have a friendly and approachable team experienced in drafting Wills; from simple Wills to more complex trusts, estate planning or tax planning Wills.
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