In today's fast-paced world, it's easy to put off important tasks, and writing a Will is often one of them. However, having a Will is crucial for ensuring your wishes are carried out after your death and providing peace of mind to your loved ones. Heenal Chhipa-Gadday, Senior Associate in our Wills, Trusts and Probate team, highlights the importance of having a Will, and the steps to take in order to secure your legacy.
Why do I need a Will?
A Will is a legal document that outlines how your estate, including your property, money, and possessions, should be distributed after your death. Even if you think you don't need one, having a Will ensures that your wishes are respected, and your loved ones are taken care of. Without a Will, your estate will be distributed according to the intestacy rules, which may not align with your wants.
What are the benefits?
Writing a Will offers several benefits beyond determining the distribution of your assets. Firstly, if you live with a partner without being married or in a civil partnership, they won't automatically inherit your estate without a Will. Secondly, if you have children, a Will allows you to nominate a legal guardian who will care for them in the event of your passing. Additionally, a Will enables you to express your funeral wishes and can help mitigate inheritance tax.
What are the consequences?
Dying without a will, also known as dying intestate, can lead to complications and unintended consequences. The rules of intestacy determine how your estate Will be distributed, and these rules may not align with your preferences. For example, if you have a spouse and children, your spouse may only receive a portion of your estate, with the remainder divided among your children. In some cases, if you have no surviving relatives, your estate may be claimed by the Crown.
The process
Gathering information
Before your appointment, it's helpful to gather relevant information that will assist in the process. This includes details about your assets, such as property, savings, investments, and valuable possessions. You should also consider any debts or liabilities, such as mortgages or loans. Additionally, think about who you would like to appoint as the executor of your Will, the person responsible for carrying out your wishes that you trust.
Seek legal advice
During your appointment, the solicitor will guide you through the process. They will ask you a series of questions to understand your wishes and ensure your Will accurately reflects your intentions. The solicitor will provide advice on legal matters, including inheritance tax implications and any specific considerations based on your unique circumstances. After the consultation, the solicitor will draft your Will.
Review and signing
Once the solicitor drafts your Will, they will provide you with an opportunity to review it thoroughly. It's crucial to carefully read through the document to ensure all your wishes are accurately represented. If any changes or adjustments are necessary, discuss them with the solicitor. Once you are satisfied with the final version, you will sign the Will in the presence of witnesses, who will also sign to validate the document.
What happens next
Power of Attorney
While a Will is an essential component of estate planning, it's also important to consider other aspects of protecting your interests and wishes. One such measure is establishing a lasting power of attorney. This legal document allows you to appoint a trusted individual to make financial and personal decisions on your behalf if you become incapacitated. By appointing someone you trust as your attorney, you can have peace of mind knowing that your affairs will be handled according to your wishes.
Regular updates
Creating a Will is not a one-time task; it requires periodic review and updates. Life circumstances change, and it's essential to ensure that your Will accurately reflects your current wishes and circumstances. Significant events such as marriage, divorce, birth, or death in the family may necessitate modifications to your Will. It's advisable to review your Will regularly and consult with a solicitor to make any necessary updates to ensure your legacy is preserved.
How Blaser Mills Law can help
The areas we deal with are never easy to discuss. Planning for the future can often be upsetting and daunting. Our team understands how difficult these conversations can be, and we take the time to understand your particular areas of concern and your wishes for the future.
We will ensure we always explain the situation clearly and we remain available on an ongoing basis to advise and update schemes where needed. Importantly, we will never hurry you and we will always make sure you are completely happy with the plans we put in place for you.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
