Writing a Will can appear a daunting and emotional prospect. However, having a Will is essential in ensuring our loved ones are protected and provided for whatever may happen in the future. We have a vast amount of experience in dealing with Wills, Probate and Estate Administration matters; you will get a first class friendly service that will give you complete piece of mind.
- We will provide a fast and straightforward service
- National service
- Very competitive price
- Free consultation meeting
What Is A Will?
A Will is a legal document which states what happens in regards to your money, property and possessions after you die, and therefore avoid any small errors are open to interpretation which can cause problems.
Will Writing Service
Making a legal Will ensures that your decisions regarding your money, property and possessions are carried out after you die. Therefore, writing a Will is one of the most important things you will ever do.
You must make sure your Will is up to date, especially if you have children that are under the age of 18, if you are unmarried, contemplating marriage or becoming divorced, own joint property or have specific plans for your funeral.
Our Will writing service is quick, discreet and cost effective.
Why Should You Have A Will?
Without a Will, the surviving spouse may not necessarily inherit your estate, the same goes for unmarried partners – where there is no automatic entitlement; and with any children you have, they could have difficulty receiving their inheritance without a Will.
Intestacy rules come into effect when a person dies. Intestate simply means somebody who’s died without a legal Will being written. These rules can be harsh on already grieving loved ones.
In so many areas of our lives, we plan ahead – whether planning a family, a career or the next holiday. It’s also important to use this same principle and plan in regard to leaving a legacy of our homes and finances.
It’s important to not put off making a Will as unfortunately we can’t predict when death or loss of capacity might occur.
Every adult should have a Will and a Lasting Power of Attorney in place to ensure their families are protected in the future. Yet a shocking 70% of the population have not put these important documents in place.
At Michael Lewin Solicitors our Wills and Probate Team understand the reasons as to why you may have not yet planned for the future. Now you have begun to consider your future planning we’ll make sure that there are no obstacles in place for you to make a Will.
Decisions You Have To Make
Choosing your Executors is one of the first decisions you face when writing a Will. Executors are the people responsible for carrying out the instructions of your Will after you die. You must choose someone who is going to be able to handle the pressure and this can be a demanding role. This also includes naming a substitute Executor, especially if the primary Executor is your spouse or partner.
You must also consider who the legal Guardian to any children under the age of 18 will be.
If a trust has been set up as part of your Will you must name the Trustees as they will be managing the money and/or property until this is passed on to the beneficiaries.
Possessions can also be left as specific legacies when you make your Will. An example here is a jewellery piece that has been handed down through generations of your family being left to another family member. These, along with any money you wish to donate to charity must be written into your Will.
If you are named as an Executor of a Will then you may need to apply for a grant of probate which is issued by a section of the court known as the probate registry. A grant of probate is an official document which Executors may need to have the ability to administer the estate.
10 Reasons Why You Should Make A Will
- Choose who to appoint as guardians for your children
- Make gifts to family and friends
- Inheritance tax planning
- Give to charity
- Create trusts to protect vulnerable relatives
- Plan your funeral wishes
- Avoid family disputes
- Give personal belongings or jewellery
- Ease of mind
- Our specialist Will Service makes writing a Will simple and affordable
We have an experienced Will and Estates team who can provide expert, straightforward and clear advice in the writing of your Will.
We will help you write your will so that your family or other benefactors are looked after upon death.
No, we offer a free consultation meeting and during this we’ll go through the whole process with you. Our aim is to make this whole experience as easy and as stress free as possible during this difficult time.
If you would like to speak to one of our advisors to discuss your case or ask any questions, feel free to call us on 0113 200 9787.
Wills & Probate FAQ's
Do I Need To Make A Will – Won’t My Partner And Children Just Get It All?
This is a very common assumption to make. in many cases, it might not be as straightforward as one would presume.
If you haven’t got a Will and your estate is worth less than £250,000, it will all go to your partner, providing the fact you are married or in a civil partnership. If you are not married, you’ll simply get nothing.
If your estate is worth more than £250,000, then the first £250,000 passes to your spouse/civil partner including personal possessions. The rest of the amount is then divided into two. Your spouse/civil partner will receive the interest or income from the first 50%. Your children will receive an equal share of the remaining 50%. However, when your spouse/civil partner dies, the half they were receiving the income from, then passes to your children and is split equally.
If you do not have any children, your partner inherits the first £450,000 and half of your estate. The remainder will go to your closest living relative (e.g. parents, siblings, cousins). Any step-children you have will not inherit anything.
Any estate which exceeds the Nil Rate Band will be subject to Inheritance Tax.
Who Should I Appoint As My Executors
When going through the process of deciding your executors, most people appoint relatives, friends and legal professionals for this role. You can appoint up to as many as four Executors. Many people appoint their partner in the first case and then often appoint a family member, friend or a professional as a substitute. Choosing a professional as one of your Executors is a good idea as this person may have the technical and legal expertise needed to administer the estate in accordance with your Will and can also remain objective at this emotional time.
I’ve Just Settled A Divorced – Do I Need To Update My Will
When you get divorced, your ex-partner is treated as if they have ‘predeceased you’ meaning they will no longer benefit from your estate. Furthermore, they will also not be allowed to act as an Executor. If appointed, this could slow down the administration of your estate. If your ex-spouse was chosen as the sole Beneficiary, then your estate would be distributed under the Rules of Intestacy.
If you are separated, but not filed for a divorce yet, in the eyes of the law you are still legally married or in a civil partnership. Until it is dissolved, your spouse remains entitled to your estate and assets as stated in your current Will, even if you were living with a new partner when you died.
We would highly recommend that following a divorce or legal separation, or any major change in your life, you should update your existing Will or/ make a new Will to combat these changes.