Wills & Probate

Why do I need a Will?

Leaving a Will means you can be sure that everything would be dealt with in the way you would wish following your death. It's a great feeling to know that you won't be leaving your loved ones with a mess to sort out. If you don't make a Will, the "Intestacy Rules" will govern how your estate is divided up when you die. They determine which of your relatives receives how much and can lead to some nasty surprises. The Intestacy Rules do not provide at all for your friends or even for a partner who you may have lived with for years - they will inherit nothing. Under the Intestacy Rules, your step-children are not counted as your children and will inherit nothing - even if their other parents have already died. When you die, someone will need to deal with the practicalities. If you don’t make a Will, you have no control over who this will be. It will usually be a family member. If you make a Will, you can choose who you would like to deal with things. You may prefer to appoint a professional, such as a solicitor or accountant - someone who will not be suffering the distress of bereavement. If you are married, you can also save on Inheritance Tax by having a tax-efficient Will drawn up. That's more money for your children or your partner to enjoy.

Won’t everything just go to my husband/wife?

Not necessarily. The Intestacy Rules set out a strict order of who will inherit what. If you have children, your spouse may not inherit everything you own, whether or not you are close to your children or how wealthy they are in their own right. Your spouse might not even get the house, depending on how much it is worth.

Can I give different people different shares of my estate?

Yes. By making a Will, you can set out exactly who is to get what amount. For example, if one of your children needs money more than another, you can leave then unequal amounts if you wish. Lawson-West, solicitors, will be happy to advise how this can be done and how to avoid any potential pitfalls that may arise, depending on your circumstances.

Can I give money to Charity in my Will?

Yes. The Intestacy Rules don’t allow for any gifts to charity out of your estate. By making a Will you can leave a set amount or a percentage of your total estate. It’s a great way to say “thank you” for the wonderful work they do – and it helps to save Inheritance Tax too! Lawson-West, solicitors, will be happy to advise which is the best way to give to charity through your Will, tailored to ensure your wishes are carried out.

Who will see my Will?

Your Will is a private document whilst you are alive and will not become a public document until after you die and probate is granted. Anyone can then obtain a copy from the Probate Registry for a small fee.

While you are alive, though, no one has any right to see your Will unless you want them to.

Can the executors and beneficiaries in my Will be the same people?

Yes. In most cases, there is no reason why the people inheriting your estate can’t be the same people as those dealing with the practicalities. Lawson-West, solicitors, can tell you whether this will cause a problem in your particular circumstances.

Does having a Will mean my family won’t need Probate?

No. If you have any asset worth over £5,000, any stocks and shares or a property then your executors will usually need to apply for probate. If you don’t make a Will, they need to apply for Letters of Administration instead, which is very similar. Unless your assets are all owned jointly with someone else and pass to them automatically, you will need Probate before your estate can be paid out.

Why should I appoint guardians in my Will?

If you have children, you can name guardians to look after them if anything were to happen to you. The choice of guardians is up to you, but Lawson-West, solicitors, would be happy to advise you on the factors to consider when making this important decision.

If you haven’t named anyone to look after your children, it might be that members of your family need to go to court for permission to look after them. In the worst cases, it might mean that your children are taken into care until this is sorted out.

How do I stop my children inheriting until they are old enough?

If you don’t have a Will, anything which your children inherit passes to them at the age of 18.

By making a Will, you can determine when your children will inherit, safeguarding the money for a time when they may really need it. Lawson-West, solicitors, can easily put in a provision saying that your children are not to inherit until they reach, say, 21 or 25.

How do I make a Will and how much will it cost?

Lawson-West, solicitors, can offer you a free no-obligation consultation to discuss making or changing your Will. You can reach us through the "Contact us" box on the right or phone us. Because we tailor-make your Will for you, the cost will depend on your own particular needs and circumstances. We will be happy to confirm our costs at the free initial meeting, or after we have determined your requirements.