Why make a Will ?
There are several important benefits to making a Last Will and
Testament. A Will enables you to:
• Choose someone you trust to administer your Estate
• Decide who benefits from your Estate, rather than the law of intestacy
• Appoint guardians for children under 18 years of age
• Leave gifts to friends, family or charities
• Attach conditions to a gift
• Create a trust to protect vulnerable or disabled beneficiaries
• Decide the age a child may inherit for example 18, 21 or 25
• Plan for inheritance tax
• Plan for future long term care needs – see Property Protection Wills
• Protect your beneficiaries from being disinherited through a partner’s
re-marriage or amendments to a partner’s Will after your death
• Help avoid family arguments
• Express your funeral wishes.
Can anyone make a Will ?
A will can be written by anyone, so long as they are at least 18 years old
and of sound mind. If you currently have a Will it is worthwhile reviewing your Will every few years or when there has been a change of circumstances.
Please note that:
• Marriage automatically cancels your existing Last Will and Testament
in most cases
• Divorce cancels the parts of your Last Will and Testament that relate to
your ex-spouse
• Separation has no effect upon the validity of an existing Last Will and
Testament
• Dying without a Last Will and Testament means your cohabiting
partner may inherit nothing. An unmarried partner has no
entitlement to your Estate under the law of intestacy. The
expression “common law wife / husband” has no basis in Law.
What if I do not have a Will?
• The laws of intestacy determine who will benefit from your Estate
• Your Estate may go to people you did not intend to benefit
• There is no automatic provision for unmarried partners
• You cannot choose who will administer your Estate
• It can be more expensive and time consuming to administer your Estate
• Your Estate could end up paying inheritance tax unnecessarily
• You will have missed the opportunity to appoint legal guardians for children below 18
• Children will automatically inherit at 18 rather than at an age of your choosing
If you would like a no obligation appointment to discuss your Will please contact The Wills & Trusts Lawyer.
The Wills & Trusts Lawyer
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