FAQ's about Wills

~~Frequently asked questions when making a will

Do I need a will?
Not always. We have many clients that come to us stating that they would like to leave everything to their spouse and if their spouses predeceases them to their independent children. In this case, if your estate is below £250,000 you may not need a will as your wishes reflect the intestacy rules. However, if you have any other specific requirements regarding your assets the best way to ensure that these are followed is to make a will.
Do I need a solicitor to make a will?
No but you should carefully consider this. A solicitor or legal executive is trained to produce a valid will to your requirements. Errors or lack of clarity could mean that your will is invalid. Someone who is legally trained is able to give advice on the implications of your wishes such as inheritance tax and any challenges that could be made to your will.
It is not as expensive as you may think. Grainger Appleyard currently charge £108 for a single basic will and £162 for two mirror wills. This cost is far less than the cost of rectifying the position after your death, not to mention the upset it would cause to your family.
What will a solicitor need to know?
Before attending an appointment to make your will it is best to have a clear idea of your wishes and your assets. We will need to know if any property is owned in joint names and if possible how this is owned.
Who should be the executors?
Your will will need to appoint an executor or executors. These are the people who will call in all your assets and distribute them in accordance with your wishes. This can be a friend, family member or a professional. The executors can also be beneficiaries.
If you intend to appoint just one person as the executor it would be advisable to appoint a substitute in case the first executor is unable to carry out their duties. It may also be best to speak with the executors you wish to appoint before doing so. It can take time to administer an estate this involves working out and paying any inheritance tax, obtaining the grant of probate to deal with your assets and distribute the estate.
Can I leave someone out of my will?
Yes, but you have to be prepared for the implications of this. Some relatives and dependants can challenge this and make application to the court. A solicitor would be able to give further advice of the risk and implications when making your will.
When should I amend my will?
If your circumstances change you may need to amend your will. Specifically if you get married or divorced you will need to amend your will.
What happens if I don’t make a will?
If you decide not to make a will your estate will be distributed in accordance with the intestacy rules. You can find further information regarding these rules on the Government website or from a solicitor.