Making a will is one of the most important steps you can take to ensure your wishes are carried out after your death. It provides clarity and peace of mind for your loved ones, minimising potential disputes and ensuring your assets are distributed as you intend. At Blackstone Solicitors, serving clients across England and Wales, we understand the importance of a well-drafted will. This article will guide you through the process of making a will in the UK.
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For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of Wills and Probate and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Why Make a Will?
Without a will, your estate will be distributed according to the rules of intestacy, which may not align with your wishes. This can lead to unintended beneficiaries, family disputes, and unnecessary stress for those you leave behind. A will allows you to:
- Specify your beneficiaries: Decide who inherits your assets, including family, friends, and charities.
- Appoint executors: Choose trusted individuals to manage your estate and ensure your wishes are followed.
- Appoint guardians: If you have children under 18, you can appoint guardians to care for them.
- Outline specific gifts: Leave specific items or sums of money to particular individuals or organisations.
- Mitigate inheritance tax: With professional advice, you can structure your will to minimise inheritance tax liabilities.
- Plan for digital assets: Include instructions for managing your online accounts and digital assets.
Who Can Make a Will?
In the UK, you must meet certain criteria to make a valid will:
- You must be 18 or over (unless you are serving in the armed forces or are a seaman at sea).
- You must have the mental capacity to understand the nature and effect of your will. This means you must understand:
- The extent of your estate.
- Who your beneficiaries are.
- That you are making a will and what it means.
- You must make the will voluntarily, without undue influence or coercion.
The Process of Making a Will
- Take Stock of Your Assets: Begin by compiling a comprehensive list of your assets, including:
– Property (homes, land)
– Savings and investments
– Personal possessions (jewellery, vehicles, artwork)
– Life insurance policies
– Pensions
– Digital assets (online accounts, cryptocurrency)
- Decide on Your Beneficiaries: Determine who you wish to inherit your assets. Consider:
– Family members (spouse, children, grandchildren)
– Friends
– Charities
– Specific gifts to individuals
- Appoint Executors: Choose one or more trusted individuals to execute your will. Executors are responsible for:
– Applying for probate (if necessary)
– Collecting your assets
– Paying your debts and taxes
– Distributing your estate according to your will
- Appoint Guardians (if applicable): If you have children under 18, consider appointing guardians to care for them. It is advisable to discuss this with the proposed guardians to ensure they are willing and able to take on the responsibility.
- Seek Professional Advice: While it is possible to write a will yourself, it is strongly recommended to seek professional legal advice. A solicitor, such as those at Blackstone Solicitors, can ensure your will is legally sound and reflects your wishes. They can also advise on complex issues, such as inheritance tax planning and trusts.
- Drafting the Will: Your solicitor will draft your will, ensuring it is clear, unambiguous, and legally valid. The will should include:
– Your full name and address
– A declaration that this is your last will and testament
– A revocation clause, cancelling any previous wills
– The appointment of executors
– The appointment of guardians (if applicable)
– Specific gifts and bequests
– The distribution of the residue of your estate
– Your signature and the signatures of two witnesses
- Signing and Witnessing: Your will must be signed in the presence of two independent witnesses. The witnesses must:
– Be over 18
– Not be beneficiaries or married to beneficiaries
– Be present when you sign the will
– Sign the will in your presence
- Storing Your Will: Store your will in a safe and accessible place. Consider:
– Storing it with your solicitor
– Storing it with a professional will storage service
– Storing it in a fireproof safe at home (ensure your executors know where it is)
Common Mistakes to Avoid
- DIY wills: While tempting, DIY wills can lead to errors and disputes.
- Not updating your will: Life changes, such as marriage, divorce, or the birth of a child, can affect your wishes. Review and update your will regularly.
- Choosing inappropriate executors: Select executors who are trustworthy and capable of managing your estate.
- Failing to address inheritance tax: Seek professional advice to minimise your tax liabilities.
- Not considering mental capacity: If there are concerns about your mental capacity, seek a medical professional’s opinion.
Why Choose Blackstone Solicitors?
At Blackstone Solicitors, we understand the importance of a well-drafted will. Our experienced solicitors provide personalised advice and guidance, ensuring your will reflects your wishes and protects your loved ones. We offer comprehensive will writing services across England and Wales, including:
- Will drafting and review
- Trusts and estate planning
- Probate and estate administration
Making a will is a crucial step in securing your legacy and providing for your loved ones.
Contact Blackstone Solicitors today to discuss your will writing needs and ensure your wishes are carried out.
We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.to incorporate, what kind of ownership
How to Contact Our Private Client Solicitors
It is important for you to be well informed about the issues and possible implications of writing a Will. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to us today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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