Frequently Asked Questions
The Wills Answers You Need
Who will my Will be written by?
When will I receive my Will?
Will I be talking to a lawyer on the
phone?
When does my Will become valid?
Will you store my Will for me?
Can I get a refund if there is a mistake in my
Will?
Can I change my Will?
When should I make a Will?
Why should I make a Will?
Should I make my own Will or employ a
professional?
How much tax will I have to pay and can I reduce
it?
Can I change my Will once I have made
one?
I'm British but my spouse is not, does that
matter?
What are the responsibilities of executors and do
I have to have one?
I've already written a Will but I am getting
remarried, should I write a new one?
I am in a Civil Partnership, but I am not sure
how the law applies to me, is it the same as a married
couple?
I am married currently. I shouldn't have to make
a Will, should I, as everything will go to my spouse
anyway?
If I should die along with my partner, can I put
in my Will who will look after our children?
Can a beneficiary of my Will also be an
executor?
What happens if I die without making a
Will?
Will my personal representative or Executor take
care of everything if I become very sick?
What if the property I have only has
sentimental value and is not worth much money?
How do my heirs make sure my Will is followed and
carried out?
Can children under 18 inherit?
I am divorced, what will happen with the
Will I made when I was married?
Can I make my own Will?
Do married couples need two Wills?
What is a Living Will?
When does a Will have to be probated?
What makes a Will legal?
What is the process of creating a Will?
A family member has not made a Will, but before
he died, he left a note saying he didn't want his sister to get
anything from his estate. As an administrator of the estate, can I
leave the sister out of it?
My father's Will left everything to be divided
between me and my sister, but my sister died years ago, so will
everything pass to me?
Are all my debts cancelled when I
die?
My sister borrowed £12,000 from my father before
he died but she says it was a gift and won't pay it back to his
estate. Can I make her pay it?
I did all my parents' probate and had
to spend a lot of time doing it. Can I claim compensation for
the time I spent on it, since I had to take
time off work?
As Executor, I have to look after a large sum for
my nephews until they are 18. Can I put the money into a building
society as I don't want things to get complex?
My 3 sisters and I inherited our parents'
house. It was agreed that we would keep it and let it out. However,
one of my sisters wants to sell the house. Can she make us sell
it?
Your Will will be written with the utmost care and precision by
an expert Will writer. Our Will writers are fully trained and
qualified in all aspects of the Wills process.
Your Will will be posted to you as soon as it has been drafted
and verified. It will usually be with you within 5 working
days.
No, but you will be speaking to a legally-trained,
non-practicing solicitor and friendly Wills expert. Their job is to
get all the necessary information from you so that our team of
writers can begin working on your Will.
Your Will is legally binding as soon as it has been received,
signed and witnessed.
Yes we do offer storage free of charge on all our Wills. We
recommend you use this service for peace of mind, knowing that
the Will is stored safely, and will be easy to locate for the
executors when it is necessary for them to do so.
No, but if the details for your Will were taken over the
telephone, we will amend the mistakes for you free of charge. If
you use our online Wills service, it is your responsibility to
ensure that all information entered is accurate before submitting
it - however, if you have made an error, we may be able to offer a
corrected Will at a reduced rate.
Yes. If you have received a Will from us and wish to alter any
of the details due to any change in circumstances, get in touch
with us to discuss it. Any Will made by yourself may not be
valid.
There is no better time than the present. If you've started out
in a career, bought your first home or recently married, it is
a perfect time to write your Will. You will be laying the
foundations of your estate and it is better to be prepared than
not. If your circumstances change at any point, your Will should be
amended professionally or started again.
To have your assets distributed according to your desires,
to reduce Inheritance Tax (IHT) liability, to speed up the
division of your estate, to name guardians for your children, and
to prevent disputes after you have died.
You can make your own Will if your estate is relatively small
and you are comfortable with the technicalities and
terminology involved. However, you will have no one to
guide you through the requirements or check whether the Will is
valid. It is very easy to get part or even all of it wrong.
Using an online Will is an easy way of making sure the Will meets
all the requirements and is a good tool to use when your estate is
straightforward to distribute. However, for more complex and
lengthy Wills it is advised to contact a professional, whether it
be a solicitor or Will Writer. Either way, they will be able to
draft your Will for you from the information you provide about your
assets. Although this option is more expensive, it is a benefit in
the long run to know that your Will has been properly drafted and
is tax efficient.
The amount of Inheritance Tax you owe - if any - will
depend on the net value of your estate and other factors when you
die. Tax will be due on an estate if it is worth a certain amount.
That amount changes each year. Currently, if your estate is worth
less than £325,000 you will not be incur any IHT liability.
Anything above will be taxed at 40%. If the allowance of £325,000
is not used in full on your death, the remaining tax free allowance
is carried forward to your spouse or civil partner so it will apply
to their estate on their death. All gifts between spouses or civil
partners are tax-free, as are charitable gifts and other various
types of gifts which will be subject to that individual.
The safest and most efficient way to change your Will is to make
a new one, which will then revoke any existing Wills. Wills should
be clean, neat and whole, without any corrections made. Any changes
made to the Will are assumed to be made after the Will was signed,
therefore rendering it invalid.
It can be quite complex, depending on who owns what, where it is
owned and where each of you is domiciled. In this situation, it
would be wise to contact a legal expert.
The Executors' responsibility is to handle your estate when you
have died. This will include paying off any debts, contacting
beneficiaries, collecting and distributing assets and contacting
various banks and building societies. If they distribute your
assets incorrectly, or fail to pay any debts before distributing
the assets, the Executor can be held personally liable for anyone
who has suffered loss. It is very important to choose someone who
is trustworthy, reliable and efficient. It is important that you
appoint at least 1 Executor. It is always advised to appoint
another to assist in the handling of your estate, and then appoint
reserve Executors in the event that the first 2 are unable to
act.
Yes, you must write a new Will. Getting married will revoke the
existing Will, rendering it invalid, unless the Will was made
in anticipation of marriage and included clauses to that
effect.
The law is the same for married couples as it is for couples in
a Civil Partnership. Therefore, a Will should be made so that your
partner can be provided for in the event of your death.
If you die without having made a Will, you are said to
have died "intestate", meaning the laws of intestacy will
decide who gets what and which proportions. Your spouse would
be entitled to your personal effects and the first £250,000 of your
estate. The remainder will be split into 2 funds. Your spouse
will receive the interest accumulated on one half of this
sum (this will pass to your children on their death) and
your children will receive the remaining half once they have
reached the age of 18. You may find that any part of
the intestacy rules are not to your liking, which is why it is
very important that a Will is made to make sure your wishes are
followed.
Yes, you would name in your Will who you would like to appoint
as Guardians to take care of your children if yourself and the
other parent should both die before your children reach the age of
18. It must be someone that you know will care for your children
financially, and raise them respecting your traditions and values.
Prior agreement from the chosen guardian is crucial.
Yes they can. It is actually recommended to appoint a
beneficiary as an Executor, as generally they are close family
members, who you know have a vested interest in the estate and
will be careful to carry out all your wishes carefully. However,
some people do find it more helpful appointing a professional
Executor, such as a solicitor. A professional Executor will have
the legal expertise which a beneficiary may not have, and your
family may find it reassuring to know that your wishes are going to
be carried out by someone qualified.
If you die without making a Will, the laws of intestacy
will apply. This will mean that any wishes you had with regard
to the distribution of your estate will be ignored and some family
members might not be taken care of. Generally, if you have a spouse
and children, it will go to them, divided by the formula set out
under the intestacy rules. If not, your property would go to other
family members, in this order: your grandchildren, your parents,
your siblings, or more distant relatives if there are no closer
ones. The Crown will only take over your estate if you die owning
your property in your name alone AND you have no living blood or
adopted relatives.
No, the Will only takes effect after death. Therefore, it is
recommended that you confer Lasting Power of Attorney on
someone you trust to deal with your affairs if you become disabled
or incompetent. Your appointed attorney cannot amend or
make a Will for you, so it is wise to have a valid and up to date
Will in place as soon as possible. If you would like to appoint
someone with Lasting Power of Attorney, it is recommended to seek
legal advice.
It is still very important to make a Will. You can have a simple
Will which lists the sentimental gifts and the specific people you
wish to leave them to. Commonly, you can attach a list of your
personal property to your Will, which you will be able to
update even if you do not change your Will. There is no requirement
to show any legal documentation as to who owns the property, such
as jewelry, photographs etc. If you leave these items out of your
Will, they might go to someone you would prefer not
to have them, or your heirs may not agree on who should get
them. You will not need a Will if you give all your
property away before you die.
The appointed Executors under your Will carry out the necessary
jobs attached to the administration of your estate, and will give
out your property to the beneficiaries as stated in the Will. They
also make sure that life insurance and pension benefits are paid.
It is wise to check with the person you wish to appoint as Executor
that they would like to carry out the role. If the job is not done
correctly, the Executor will be personally liable for any loss
incurred.
Children under the age of 18 cannot inherit any substantial
assets or property. The inheritance will be held on trust until
they reach the age of 18 or the age specified in the Will. However,
they will be able to receive any income from the trust fund as soon
as they reach the age of 18. Apart from this, the appointed trustee
(usually the Executor) will decide what capital or income will be
used to benefit the minor, e.g. for the child's education, until
they are entitled to the inheritance.
Getting divorced will not cancel your Will. However, any gift
made to your former spouse or partner will lapse, and will
therefore not pass to them unless the contrary appears on the
Will. Any mention in the Will as to the appointment of the
former spouse as Executor or Trustee will be dealt with as if that
person had died on the date the marriage dissolved. Any
appointment of the spouse as Guardian of your children is revoked
on divorce. These rules do not apply to a separation, nor do they
affect the other provisions of the Will.
Yes, but there are risks to take into account. The legal terms
used in Wills are not always straightforward and it is easy to make
mistakes which could have massive repercussions for your
loved ones after you pass away. Even if they can prove that any
error you made was unintentional, it will take significant amounts
of time, effort and expense on their part, at a time when such
stress is the last thing they need. It is therefore wise to
consult a professional Will Writer or similar expert before
attempting to write your own Will.
An individual must make a Will, even if you are in a couple. You
can make two very similar Wills called 'Mirror Wills' which are the
most common form of Will for a married couple.
A Living Will is very different from a Last Will and Testament.
A Living Will is a document you can create which will be referred
to in the event that you are unable to make
decisions for yourself in regards to your healthcare. It will
serve to direct your medical practitioner as to what
treatments you want and which you would prefer to
avoid. This allows you to express whether you would
like to receive life-extending treatments such as artificial
administering of food and fluids, or even life support machines.
These forms only become effective when you cannot communicate
your wishes yourself.
All Wills go to the probate court. The court is there to help
carry out the Will and deal with anyone who is contesting it.
A Will is legal when it is properly signed by the
Testator, witnessed by two witnesses who are not beneficiaries
to the Will. The witnesses should then sign the Will confirming
that they observed the Testator signing the Will.
The Testator must sign the Will in the presence
of 2 witnesses who will also sign it as confirmation that
they witnessed the initial signature. It does not need to be filed
with a court or be printed in any specific form. Witnesses
must be over the age of 18, have the mental capacity to know
that they are acting as witnesses, and be competent to confirm that
they were a witness to the signing of the Will. After signing the
Will, it should be placed in a safe place known to others. You can
make photocopies of the Will and make them available to people in
your Will. However, be cautious when making copies due to the
likelihood of having to amend your Will at some point during your
lifetime. Photocopying could cause disagreement or complications if
the copies have not been replaced with the updated Will. It is wise
to update or change your Will periodically if your family situation
or financial position changes.
No. The letter does not override the rules of intestacy and
therefore the sister cannot be left out.
If your sister has no children, you will inherit everything. If
she does have children, they will inherit her share equally unless
the Will specifies otherwise.
No, none will be cancelled. Some credit card charges and
mortgages may be covered by life insurance, in which case the
insurance money can repay the debt. All other debts,
though, must be paid off through your estate and will
be the responsibility of the Executors to deal with.
In order to challenge your sister's statement, you will need to
show evidence that it was a loan and that she would have been
expected to pay the money back. Without written evidence, it will
be hard to persuade a court that it was a loan.
A non professional Executor is not entitled to claim payment for
the work done. However, you may be entitled to reimbursement for
any reasonable expenses you have incurred, such as petrol or
telephone charges.
No. If you are looking after money as a Trustee for minors, you
must be aware of the duties found under the Trustees Act 2000. The
Act imposes a duty to review investments periodically and to take
professional advice when carrying it out.
Yes. The best solution is for the rest of the siblings to agree
an amount with your sister and then buy her share in the
property. Alternatively, you could put the house up for
auction and, if the price is reasonable, the 3 of you can buy it.
If the amount is too high, you will get a quarter of the sale
price.