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Why you need a Solicitor for your Will

Some jobs are best left to professionals, including making a Will. For this, you need a solicitor. I’m sure you have heard of Wills and know how important they are and the trouble that can ensue if you don’t make a Will, but it may be something you keep putting off. Did you know that one in four people in the UK doesn’t have a Will in place and even less for LPA’s? Scary.

Wills

A Will is a legal document where you set out what you want to happen to your property and other assets after you die. If you have children, your Will should also set out how they will be cared for in the event of your death, for example who will care for them, how to care for them and any other financial provisions. A Will is the only legal way to make your wishes known. So, who are you leaving your children to and do they know how you’d like them brought up? Do your children know what will happen to them should you die?

Once you have a Will it’s suggested that you should review it every five years as our circumstances change. For example, if you get divorced. If you die during the divorce process, before obtaining the Decree Absolute, your existing Will would remain valid. This means your ‘ex-spouse’ is likely to inherit your estate, which may not be what you want to happen. So, are you in the process of separating/getting divorced or have been separated/divorced?

If you die without making a Will, your wishes may not be carried out. Worse, your loved ones may have to spend time and money sorting out your affairs at an already stressful time. When you die without a Will, the Rules of Intestacy apply. In which case only married or civil partners can inherit under these rules. If you have only informally separated from your partner and you die without a Will, Rules of Intestacy will apply and your ex will inherit your estate. Cohabiting partners who are neither married nor in a civil partnership cannot inherit under the Rules of Intestacy either.

So, do you have any assets that you would like to go to your partner should you die but you’re not married or in a civil partnership?

So who inherits under the Rules of Intestacy because there is no legal Will?
In order:
1. Married and Civil Partners;
2. Children will inherit after Married/Civil Partners only if the estate is worth more than £250,000;
3. Children (equally) – if there is no surviving married or civil partner;
4. Parents, Brothers, Sisters – if none of the above; and
5. Nieces and Nephews – if none of the above are surviving.
6. Grandparents, Uncles, Aunts – if none of the above are surviving.
7. If no surviving relatives? The estate passes to the Crown. Known as bona vacantia.

So, if you don’t have a legal Will the State will distribute your estate accordingly. Is there someone who you would like your estate to go who is not on this list?

Or is there someone on this list that you don’t want you estate to go i.e. an ex-spouse, estranged children, parents or siblings?

For clarity the following people have no right to inherit if you die without a legal Will:
1. Unmarried partners (cohabitating or not);
2. Lesbian or gay partners not in a civil partnership;
3. Relations by marriage;
4. Close Friends;
5. Carers

So, do you have someone special in your life from this list that you would like to make a provision for after you die?

Or perhaps you would like to leave a gift or a legacy donation to a charity after you die?

Why you need a solicitor

Figuring out just the right amount of information to put into a Will can be confusing and our life circumstances can be simple in one area but complicated in another.

It’s best to seek advice from a solicitor when drafting, reviewing and completing a Will as they will have a much greater understanding of what to include and what not to include. They will ensure your wishes are clear to avoid any legal challenges, disputes and a lengthy probate process.

A solicitor who specialises in Wills and Trusts can also advise you on the complex Inheritance Tax liabilities and can make suggestions on how to make provisions for this while you’re alive so after you die there are no financial surprises.

Finally, a solicitor will be able to store your Will in a safe, so it’s not in your home, at risk of being lost, damaged or tampered with.

What will a solicitor do?

When you go to your solicitor about your Will, you can expect them to:

  • Explain everything you need to know, in plain English;

  • Answer any questions you may have;

  • Offer confidential advice on the best way to approach your Will;

  • Check everything once you have made your Will; and

  • Act as an executor for your Will if you wish (usually for an additional fee).

Talk to Couchman Hanson

Tomorrow is not guaranteed for anyone. Don’t wait until a death or disability occurs to think about making a Will. Avoid the added stress on your family at an already emotional time by getting your affairs in order now. Don’t leave things to chance or to someone you don’t like or to the Crown.

At Couchman Hanson, we provide legal peace of mind and our solicitors genuinely care about getting the best outcome for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly and welcoming. Everything we do fits with our values of integrity, honesty and authenticity.

Call 01428 722189 today.

Daniel Couchman