Under One Roof – A quick guide to making a Will 13-Feb-2020
By Sarah Gill, Paralegal, Wills, Trusts & Estates
As part of our Under One Roof campaign, Paralegal, Sarah Gill looks at the six basic steps involved in making a Will and why it’s a good idea to seek professional legal assistance when doing so.
Though it may be tempting to delay making a Will until a later date, it’s essential to have one in place if you want to ensure your estate is distributed among your beneficiaries without complications.
The six steps:
1. The contents of your Will
The first step in creating a Will is to have your estate valued and to determine what assets you have to distribute among family and friends. This will involve looking at both your assets and debts to ensure that you have a comprehensive understanding of what you have to leave to your beneficiaries.
2. The distribution of those contents
Having established what assets, including personal belongings, you have to pass on to inheritors, you next need to determine how these assets will be distributed. Most people writing their Will have a relatively clear idea of how they want to divide their estate and to whom certain assets will go.
3. Choosing an executor
The executor(s) of a Will are the individual(s) who ensure that the terms of the Will are carried out precisely and in accordance with your written wishes. The executor(s) need to be willing to assume the role upon your death and should be someone who will carry out the role in an impartial manner. They can be family members, a close friend, or a legal representative.
4. Your children and your Will
If you have children who are still relatively young, there are a number of considerations you may want to make when writing your Will. First, it may be necessary to appoint a guardian for your children. The guardian would be responsible for their care should something happen to both parents. This includes provisions for step and adopted children and how best to make provision for disabled children, immediately and in the long-term.
Second, if you’re not convinced that your children are of a suitable age to be made fully responsible for their inheritance, it may be a good idea to appoint someone to manage it for them until they reach an agreed age, or set up a trust fund to be accessed by the child at a certain age (usually at age 18 or 21).
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5. Witnessing the Will
The final step in writing an official will is having it witnessed. To be valid, all wills must be signed and this process must be witnessed by two individuals. Wills also need to be signed by an individual who is doing so voluntarily, without any coercion from another person, and who is in a sound mental state and understands the consequences of their actions.
6. Making the most of professional legal advice
Though it is possible to write a Will without any professional legal advice, it is not advisable to do so. It may save you a relatively small fee in the short-term, but it could result in a number of long-term problems that could prove costly to those you have chosen to inherit your estate. These include:
- A smooth and complication-free probate process. If a Will is not checked over by a legal professional, there’s a greater likelihood that problems may
occur when it comes to the point when the directions of the Will are carried out.
- A Will that’s been created or checked over by a professional legal advisor offers peace of mind. You can rest assured that it is correctly drafted
- Professional legal advisors will help you make the most of your estate. This is particularly important if the estate is liable to pay inheritance tax
or have assets which may complicate matters, such as overseas property.
- Will writing can involve some fairly complex legal concepts. For instance, assets left to young children can be protected until they’re of age in a
number of different ways, including trusts and gifts. Each of these operates in a different way and has its own advantages and disadvantages. A
legal professional will be able to advise you as to which is most appropriate for your specific circumstances.
Some life events such as marriage, divorce and separation which would prompt major changes, will require making a new Will. Minor changes to a Will can be covered by a codicil (a legally binding amendment).
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Inheritance Tax Advice is not included as part of the Under One Roof Will writing service.
If you are considering your next home move and would like to benefit from our Under One Roof Home Buyer Package, or would simply like to enquire about writing a Will, call 01244 356 789 or email email@example.com and quote “Under One Roof”.
Please note: This is not legal advice; it is intended to provide information of general interest about current legal issues.