Wills

If you care about what happens to your property after you die, you should make a Will.  Without a Will, the people you are closest to or favoured charities, may may receive nothing.  It provides peace of mind to the people you are about the most and without a Will, your estate will pass in accordance with laws dictating the division which in turn, may not be as you would expect or wish.

Having a Will provides the benefit of:

• Allowing you to choose Executors and Trustees and they will have authority to act immediately upon your death. This is not the case if you do not have a Will, a person passing away without a Will is intestate, there is no executor for someone who dies intestate, instead, a person must apply to act as administrator and will have no authority to act until granted by Grant of Representation. Application may also be made by someone who you would rather not administer your estate for example, if you have a child under 18, their other parent may administer your estate on behalf of the child even if you were no longer in a relationship with that person.
• Allowing you to choose guardians for your children. People often assume that their immediate next of kin would have rights to look after your young children, this is not the case. A Will is vital if you have children or dependants who may not be able to care for themselves. Without a Will there could be uncertainty about who will look after or provide for your children when you die and without a Will, your children will become the responsibility of Social Services who then decide where your children will live and who they should have contact with.
• Special clauses in connection with your home or other property, can allow you to have the benefit of making long term provision for your spouse or partner under the terms of your Will but without putting your assets at risk of the future life events of your spouse or partner. For example, if your spouse or partner moves into a care home or marries after your death or even just changes their own Will, your share of your home or other assets with use of certain clauses in a Will, can be guaranteed to still pass to your children or other preferred beneficiaries so, would not be lost, spent or redirected by your surviving partner.
• Blended families, the special clauses referred to above are particularly important to blended families as step-children will not inherit without a Will so, a situation could arise where your own children or preferred beneficiaries, receive nothing.
• People often believe that living together for a period of time will acquire certain rights in the event of the death of one of you, that is not the case. This is because the law does not recognise cohabitants (partners who live together but are not married or in a civil partnership). Therefore, regardless whether you have lived together for many years, your cohabitant may be left with nothing if you have not made a will.
• A Will can better utilise tax benefits and are an excellent method of tax planning.

You should also consider taking legal advice about making a Will if:

• You have people who are financially dependent upon you.
• You want to provide for a partner or other people now but guarantee the ultimate destination of your money and property after the death of a partner at a later date.
• You own or run a business.
• There is notable age gap between yourself and your partner.
• You have beneficiaries who are in difficult personal circumstances.
• You have beneficiaries who are physically or mentally disabled or vulnerable.
• Your permanent home is not the UK or you are not a British citizen.
• You have had a change of circumstances since your last Will was prepared, particularly you have married, divorced or your estate has increased or decreased in size or become more complex.

Why choose GM Wilson Solicitors?

Making a Will can be a complex process and there are various legal formalities that need to be followed to ensure that your Will is valid and is prepared in the most appropriate way to accommodate your circumstances and current laws. We will discuss your circumstances and provide you with choices to ensure that ultimate, your estate passes exactly as you would wish and in the most tax efficient way. Throughout the process, we will explain everything to you and provide clear advice.

Your Will passes everything your own, it is the most important document you will ever sign therefore, we would encourage you to make an appointment with us to assist you with this process and leave nothing to chance.

Contact us for further information and to find out how we can assist you with your requirement. Our Head of our Private Client department, Josephine Cuttill, is a solicitor, member of the Probate Section of The Law Society, Accredited Lifetime Lawyer and Affiliate member of the STEP Society.

Pricing – Wills, Lasting Power of Attorney, Probate and Estate Administration.

Contact Josephine – our Senior Private Client Solicitor, to discuss your needs further