Making a Will with a Solicitor

It is never too early or late to make a Will. You can be as young as 18 years old to make a Will and there is no upper age limit, provided that at the time of making your will you are of ‘sound testamentary capacity’. This means that you are mentally capable of understanding what you are doing and the implications of signing your will.

None of us knows what is around the corner, but by making a Will with a solicitor you are prepared for whatever the future holds. It is important to take the time to sit and reflect on who receives your estate. By doing this you are retaining the control and not allowing the law to decide.

It is easy for couples to assume their partner will inherit everything but if you are not married or in a civil partnership, your assets will pass automatically to your nearest living blood relative.

You may not be aware that your spouse or civil partner may not receive everything if there is no valid Will. Your spouse will receive from the estate, all personal possessions and up to the first £270,000. Anything above this amount is divided in two, with half going to any surviving children (at the age of 18 years) and half to your spouse.

Choosing Your Executors

This is someone who you trust to distribute your possessions, money and property as you wish. It could be a relative, a close friend or a professional such as a solicitor.

If you run a business, you may want to appoint an executor to carry on the running of the business until all your affairs have been sorted out, to take the pressure off your family.

Choosing Your Beneficiaries

You can choose who inherits your estate and get advice on incorporating a trust in your Will. Too often, people assume that their spouse and children will inherit
everything but in the absence of a Will, if your estate is worth more than £270,000, your husband or wife will only receive £270,000 (plus any personal possessions) and 50% of the rest of your estate,
which may mean that they are not as well provided for as you would wish.

Choosing Guardians For Your Children

If you have children under 18, you will need to decide who would be their legal guardians if you and your partner were to die. If you do not make a Will with a solicitor, the guardianship of the children will depend on the circumstances at the date of your death, so it is vital to make your wishes known.

Trying to make your own Will without legal advice from a solicitor could lead to mistakes as any small error in the wording can cause problems and, at worst, make the Will invalid.

By instructing a solicitor, you can ensure your Will is valid as there are various legal formalities which need to be followed correctly, providing you with the reassurance that your wishes will be carried
out.

Let us know how we can help you today by contacting us directly.