Do I Need A Will?
The answer is most definitely yes!
Anyone holding assets in their sole name or jointly as tenants in common, or who has children should consider making a Will. Having a Will allows you to decide what should happen following your death.
What Happens If I Die Without Making A Valid Will?
If you don’t make a Will at all, or if the Will that you have made is invalid then your estate will be distributed in accordance with the Intestacy Rules. These are rules prescribed by law which means that neither you nor your family have any say on where the assets will pass.
Typically, under the Intestacy Rules your estate will pass to wider family members, which may not be what you want to happen.
The best way to prevent the Intestacy Rules from applying is to prepare a Will with the appropriate specialist advice. It is not advisable to try to prepare your own Will at home as important details are often overlooked.
Should I Review My Current Will?
Yes, ideally you should review your Will every 3-5 years to ensure that it still meets your needs and provides for everyone who you wish to include. Of course, if circumstances change sooner, then you should review your Will at that stage. For example, on the birth of a child/grandchildren, marriage, separation, divorce or the death of a child/grandchildren.
It is important to be aware that marriage automatically revokes any existing Wills (unless made in contemplation of marriage), but divorce does not. In the case of a divorce, the ex-spouse will be treated as having died immediately before you, but all other provisions in your Will will still be effective.
Why Else Should I Think About Making A Will?
You ought to consider making a Will to:
- Provide for a spouse or civil partner (they do not automatically inherit everything under the Intestacy Rules)
- Make provisions for an unmarried partner
- Protect your assets from the effects of long-term care fees
- Protect your assets from the effects of a re-marriage by your surviving spouse or partner, or for your children from a previous relationship
- Appoint executors – the people who administer your estate after you have died
- Appoint guardians for minor children
- Protect the inheritance of a vulnerable beneficiary or a disabled beneficiary
- Mitigate Inheritance Tax
- Set out your funeral wishes
- Make charitable gifts
Do I Need A Will? How Much Will It Cost?
The Wills & Probate Team at Timms are specialists in preparing Wills. Our fees are competitive and we are sometimes able to prepare a Will under one on the many charity schemes we support.
For a quote or for further information regarding the above, please call us on 0800 011 6666 or e-mail the team at legal@timms-law.com