There is no obligation on anyone to have a Will.
However, suppose you die without a Will in England and Wales. In that case, your assets (including property) will be divided, not according to your wishes but rather to specific rules under intestacy law. If you have no Will, you risk leaving your most loved ones with nothing, while less-deserving relatives may receive a windfall.
And, even if you do have a Will, you would need to keep it updated to reflect your most current financial situation. For example, you might have bought a new home, inherited assets, or now separated from a partner.
Why not give yourself peace of mind with Wills and Probate solicitors, Robertsons? Not only can we help by drawing up (or updating) your Will and setting out your wishes, but we can also advise on inheritance tax issues, which may become a problem in larger estates. We can also act as the professional executor of your Will. Speak to someone on our expert team today.
Wills and Probate Solicitors FAQs
Sometimes, the informal wishes of a deceased will be honoured. However, the best practice remains to create your Will to be as formal and secure as possible so that it can be easily interpreted and relied upon. Proving the validity of someone’s wishes on the back of a cigarette pack may take a long time and will most likely be costly. Also, your cigarette pack may get lost or simply be ignored.
Are you considering whether you need a Will? Our experienced Wills and Probate solicitors at Robertsons Solicitors can help.
There are two essential things to keep in mind. The first is to include the appointment of a guardian in your Will if you have children under 18 years old. (This condition will take effect only if there is no one else with parental responsibility over your children if you pass away.)
The second thing is to remember that children can also inherit, even very young. Therefore, it might be wise to include a condition stating the age at which children can have access to their inheritance, such as 21 or 25. In the meantime, the estate will be managed by the trustees you appoint in your Will. Consider our article about under 18’s inheriting.
As your Will and probate solicitors, Robertsons Solicitors will be happy to store your original Will securely with us. You’ll receive a copy that you can keep safe with your other important documents. They can also be registered at the National Will Register.
Wills are frequently challenged. The real question is, ‘Can my Will be successfully challenged?’
The answer to this question depends on your circumstances. Perhaps your Will could be challenged if you want to exclude someone who might expect to benefit. One way to avoid unpleasantness is to explain your motivations – either person to person or in a letter to your executor.
Rest assured that a properly made Will would stand the test of time.
At Robertsons Solicitors, we will take care to include wording in your testament that considers the possible death of a beneficiary. You will be prompted to name someone else if one of your beneficiaries dies. As you are still living, it is advisable to change your Will as soon as possible after the event. For help or advice, please get in touch with our specialist team at Robertsons Solicitors.
