This month's free tip - Making a Will
As solicitors we know only too well the misconceptions which many people have about Wills and inheritance. Although it is relatively inexpensive to make a simple Will, statistics show that roughly two out of three people die without one. But if you die without making a Will the law decides how your possessions will be divided and who is to carry out the work of administering your affairs. This may lead to property being distributed in a way you would not have wanted. Although your next of kin will receive some of your estate, the situation is generally much more complicated than most people realise and in some cases an entire estate can end up in the hands of the Treasury.
Through your Will you can make it plain what your wishes are. For instance, if you want all your possessions to go to your husband, wife or partner you can say so, thereby ensuring that they do not have to wait months or even years for the tangle to be sorted out.
MARRIED COUPLES/CIVIL PARTNERS
Many people assume that when they die everything they own will pass automatically to their spouse or civil partner. Only if you have no other close relatives will your spouse or civil partner automatically get everything. Frequently this creates difficulties, e.g. a widow can find herself having to sell the family home because other relatives are entitled to a share in its value. In the case of unmarried partners the situation can be even worse, as the surviving partner may have no claim at all on the deceased's estate if no provision is made for them by Will. To leave no room for doubt and to make things easier when one of you dies, you and your spouse or partner should each make your own separate Will.
CHILDREN
You should consider how your children will be looked after if both parents die when they are still young. You may wish to appoint guardians for minor children, to take legal responsibility for them until they reach full age, and/or set up a trust to look after their inheritance until they are old enough to use it responsibly.
NO IMMEDIATE FAMILY
You may have relatives you do not wish to benefit, or perhaps you have no known relatives at all. In either case, without making a Will you forfeit any say in where your money and possessions will go, and if no relatives or other heirs can be identified, your estate may simply pass to the Treasury (i.e. the Government).
OTHER PEOPLE YOU WISH TO HELP
If you wish to show your appreciation to a friend by leaving a legacy or possession, only by making a Will which clearly expresses your wishes can you be sure your friend will get what you want him or her to receive. The same applies if you wish to benefit a charity or other organisation.
PEACE OF MIND
Tragic accidents can happen and they can be even more disastrous if somebody is left without adequate support. Making a Will can give you peace of mind and the reassurance that you have done what you can for those you would wish to protect in such circumstances.
CAN I DO IT MYSELF?
It is very easy to make a mistake with a home-made Will as there are certain strict legal formalities that must be complied with. If you make any errors your Will could become invalid or be interpreted contrary to your wishes.
FREE ADVICE
As part of our normal service we can offer you a free initial consultation at our office, to discuss your requirements and advise you generally. If you would like to take advantage of this facility please contact us and we will be pleased to assist you.
Our charges for making a new Will start at £85 plus VAT for a standard basic Will. Where two people make 'mirror image' Wills a 10% discount on the cost of the second Will may be available.
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