Will Writing

Do I need a will?

If you don’t make a will then the government have already made one for you. These are known as the rules of intestacy – you are said to have died ‘intestate’ if there is no valid will at the time of your death.

For example, if you are married and die with a spouse and children then your spouse does not automatically get everything.

If you are not married, then you need to make a will. There are no automatic transfer of assets between couples who are cohabiting other than jointly owned assets, which would pass to the surviving owner on first death in law. All other assets could pass back to the deceased’s family under intestacy.

If you are separated a will should be written in view of the divorce going ahead as there is a possibility in law that, in the event of your death, your assets could pass back to your ex- partner.

Why you should make a will

If you want to be sure your wishes will be met after you die, then a will is vital. Here are 5 reasons why it’s important to make a one.

1. Avoiding disputes between relatives
Disputes over wills can and do cause arguments among family members and may even need a solicitor to resolve them. Leaving a will removes any doubt about who you want to leave your estate to.

2. Looking after your loved ones
It’s hard for loved ones to talk about death; however, talking about your will can save everyone a lot of worry. Deciding now who you want to leave your possessions to (your beneficiaries) can help you make sure they go to the selection of people you intended.

3. Protecting your assets for future generations
A will can ensure that assets are kept within the family and are passed on down on through the generations. Many people are concerned that new spouses or second families will inherit their assets in the future, a well-structured will always help to prevent this.

4. Reassurance
A will is the only way to make sure your estate (possessions and savings), go to the people and causes that you care for and about.

5. Your funeral
Your will can be a way to let those who need to know whether you would prefer to be buried or cremated, and the type of funeral service and music you would most like.

Five important facts about making a Will

1. If you are married and don’t make a will, the whole of your estate will not necessarily go to your surviving spouse!

2. If you are not married and have a partner, without a will your partner will inherit nothing.

3. When you make a will, you choose who will benefit from your estate. Without a will the Government effectively makes that decision for you.

4. If you have minor children, you choose who will be responsible for them by appointing Testamentary Guardians in your will. Don’t leave this choice to others or to the Courts!

5. If you have married, separated, divorced or remarried since you made your will, it is essential to make a new one.

A Will is a legal written record of your wishes after you die. It is a legally binding document explaining how you would prefer to distribute your Estate. It gives you total peace of mind knowing that your loved ones are fully taken care of.

Make sure you have the will you need. Contact us now for a professionally drafted will and rest assured that your assets will go to exactly who you choose, not to whom the government decide.

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