Frequently asked questions

WILLS

What is a Will and why do I need one?

A Will is a legal document that sets out what happens to your money, property, possessions children and pets when you die. Wills are legally binding in England & Wales (provided they are in the correct form) and has to be adhered to.

What happens if I die without a Will?

You die intestate (without a valid Will). Without a Will, your estate is distributed according to strict legal rules, known as intestacy rules, which may not reflect your wishes or protect your loved ones. Intestacy rules do not account for unmarried partners, stepchildren or non-blood relatives, and therefore is often against what you would have wanted.

Is it a legal requirement to have a Will?

No, but it is strongly recommended. Having a Will gives you control, helps reduce stress for your family, and can save time, money and potential disputes.

Who can make a Will?

Anyone aged 18 or over with mental capacity can make a Will in the UK.

Who can create a Will?

Anyone. A professional (i.e. Will Writer & Estate Planner or Solicitor) or even yourself can create a Will. The key difference with getting a Will professionally written means there aren't mistakes and problems are mitigated. Again, it's peace of mind that you have a legally valid Will that is not going to fail at probate.

What makes a Will legally valid?

A Will must be:

- Made by an individual 18 years or older

- Made voluntarily

- Written down - in prescribed form

- Signed by you, in the presence of two independent witnesses

- Witnessed by two independent adults (who are not beneficiaries) in your presence

How often should I update my Will?

You should review your Will every 3–5 years, or sooner if your circumstances change (for example marriage, divorce, having children, buying property, or changes in tax rules).

Does getting married/entering a civil partnership or divorced/dissolving a civil partnership affect my Will?

Yes. Marriage/entering a civil partnership automatically revokes an existing Will unless it was made in anticipation of that marriage. Divorce/dissolution of a civil partnership does not cancel a will but may affect gifts to your former spouse/partner and will remove them from having executor/trustee powers.

How long does it take to make a Will?

A straightforward will can often be completed within a few days once all information is provided. More complex estates may take longer. Please note, sometimes we will require additional information from you so the speedier you can provide this, the quicker the documents can be created.

Do I get a draft copy of the Will?

Yes! After you have chosen the suitable solution for you, we take your information away and create a draft Will (which is watermarked) for you to review and we will amend until you're happy. Once you're satisfied all of the details are correct, we will send you your Will for you and your witnesses to sign.

Can I include funeral wishes in my Will?

Yes, although please note funeral wishes are not legally binding. Many people also record them separately so they can be followed promptly.

Where should my Will be stored?

Your Will should be kept somewhere safe and accessible. We can advise on secure storage options and ensure your executors know where it is.

Can you update an existing Will?

Yes. We can either amend your Will with a codicil (small change not requiring a new Will) or prepare a new Will if changes are significant.

ESTATE PLANNING

What is estate planning?

Estate planning looks beyond your will. It involves organising your finances and assets to ensure they pass efficiently to your chosen beneficiaries, while considering inheritance tax, trusts and long-term planning.

What is inheritance tax and will my estate pay it?

Inheritance tax (IHT) is currently charged at 40% on estates above the nil-rate band (£325,000, subject to change). With proper planning, it may be possible to reduce or mitigate the amount payable.

Can you help reduce inheritance tax?

Yes. Estate planning strategies may include making lifetime gifts, using trusts, and ensuring allowances and exemptions are used effectively.

DISCLAIMER: we do not give financial advice, or IHT estimates. We recommend seeking the guidance of s Solicitor or Financial Advisor in such situations.

What is a trust and do I need one?

A trust is a legal arrangement where assets are managed by trustees for beneficiaries. Trusts can help protect assets, manage inheritance for children or vulnerable beneficiaries, and reduce tax in some cases. Trusts are not suitable for all and are used where circumstances permit.

What kind of trusts do you create?

We provide Will trusts which only take effect upon death. These can include discretionary trusts, life interest trusts, young people's trusts as examples. Please get in touch and we can discuss your potential options suitable to your situation.

EXECUTORS & TRUSTEES

Who should I appoint as executors?

Executors hold a large responsibility for carrying out your wishes after you have passed on. They can be trusted family members, friends or professionals. Many people appoint more than one - especially as a substitute - to avoid potential issues if one executor cannot act.

Who should I appoint as trustees?

Many people appoint the same people who are named as executors as trustees and they act in a dual capacity. Some estates won't have a requirement for trustees, but they are named anyway. Again, you can have family friends or professionals as trustees and is wise to have a substitute named.

Can I have different people as executors and trustees?

Yes, certainly. You may wish to have a professional as an executor and your spouse as a trustee, or in any format you may like. You can also reduce and extend powers as you see fit, for example you could name a business executor to take care of your business affairs and another executor to take care of your personal affairs.