Wills

Having a Will makes it quicker and cheaper to transfer your possessions than if there is no Will. Waiting until you’re older can cause unnecessary stress and complications. If someone dies unexpectedly those who are left have enough to cope with without the complications when there is no Will.

Call us on 01463 237171 and ask to speak to one of our solicitors. You can arrange an appointment to discuss your needs, and we will advise you on what to do next.

Why is it worth getting a Solicitor to make a Will?

It is possible to hand-write a Will yourself or to use a Will form. However mistakes are frequently made this way and it can cost many thousands of pounds to sort these out after somebody has died. At South Forrest, your solicitor will discuss with you what you would like to happen to your possessions when you die, and we will give expert advice about the best way to achieve this. Your solicitor will quote a price which will depend upon the type of Will which you need to make.

What should my Will say?

It’s a good idea to draw up a list of the full names and addresses of people who will benefit from your Will. The most important thing is to decide who is to get what. As long as your instructions are clear, we can sort out the exact wording.

How should I share out what I own?

Generally, how you divide your possessions is entirely up to you. However, your husband, wife or civil partner or any child can usually claim a share, even if this is not what you want. In these cases, the exact share is fixed by law, and we can explain how this works if the situation applies to you.

Remember you don’t have to specify exact amounts. Think in portions – such as whole, half, third, quarter – or percentages and then it will be easier to share out what you have.

You can also leave particular things to people, such as a house, jewellery or anything else that will have special personal value to someone.

What else needs to go in my Will?

You should appoint an executor or executors. The job of an executor is to carry out the instructions in the Will after you die. They also make sure that any accounts which are due are paid. You can appoint anybody as an executor whether or not they are beneficiaries under the Will, provided that they are people that you know and trust to carry out your wishes.

If you have children under 16 years of age, you should also state who their guardians will be if they are left without a parent.

What’s the next step?

When your solicitor has all the necessary information, he or she will draw up a Will for you to sign. Our job is to express your instructions in the correct legal terms, so your property is protected and shared out in the way that you want.

You will be sent a draft first, so that you can check it. You should ask about anything that isn’t clear, and you should be happy that it reflects your wishes.

Can a Will be changed after it’s signed?

Yes. You can usually amend your Will whenever you like, although it’s better if your original Will is worded in such a way that it doesn’t have to be changed that often. We can advise you on the best way to do this.

Is there anything else I should think about when making a Will?

Many people also sign a Power of Attorney in favour of a trusted friend or relative. If this is done in the right way it allows the attorney to deal with your financial business and welfare, even if you’ve become unable for any reason to do this yourself. A Power of Attorney needs to be signed when you are fit and well. Like an insurance policy it is often never required, but if it should be needed, it can save a huge amount of expense. If this might be of interest to you, please feel free to discuss it with the solicitor who is making your Will.

HSPC