We all find it hard to face our own mortality, but it is in your best interests, and those of your loved ones, to consider what will happen to your Estate when you’re gone. By taking the time now to put in place a valid Will, you could be saving your loved ones from dealing with a time-consuming and costly legal process during a difficult period of mourning.
Q: What happens if I die without making a Will?
A: Delays will occur in the administration of your estate whilst the Court appoints someone to act as your executor. There could be hardship for your dependents whilst this takes place and there is a risk that under the law of Intestacy your estate might pass to people you had no intention of benefitting.
Q: How easy is it to write a Will?
A: Unless your affairs are incredibly simple, professional advice is essential in order to produce a valid Will. The Will Detectives can ensure your wishes are properly laid-out so they will be upheld after you’re gone. As part of our consultation process, we will also ensure your Estate is Inheritance Tax efficient.
Q: How do I get a Will?
A: You must be over the age of 18 and have the Mental Capacity* to make a Will. In order for your Will to be valid and legally binding, it must be dated, witnessed correctly and state that it replaces all previous versions.
Q: Will our children be looked after by their Grandparents if we both die?
A: Unless you have outlined who is to take legal guardianship of your children in your Will, they will become wards of the Court; Social Services will decide who is best suited to be their guardians and may not choose the people you wanted.
Q: My spouse is going into a Care Home; will I have to sell our home to pay the charges?
A: If you act now you could make out a Will that will incorporate protection for you and your home from future Care Home fees.
Q: In the event I become incapacitated, can I leave a Will to protect my family and my Estate?
A: It is possible to write a Living Will or Lasting Power of Attorney. This must be made before you are unable to look after your finances due to dementia, mental illness or being incapacitated through accident or misadventure. By putting in place a Living Will, you are able to ensure your family are protected and have control of your Estate. Without a Living Will, or Lasting Power of Attorney, your loved ones would have to deal with the costly and lengthy process of applying to the Court for control of your Estate.
Q: I don’t think I have much to bequeath; do I need a Will?
A: Wills are not just for the rich. Your car, jewellery and the contents of your home all form part of your Estate and could be worth more than you think. Your Estate could simply be a few pounds in a savings account, or personal items you’ve accumulated throughout your life. Whatever your situation, in order to ensure your possessions are passed on to the right people, it’s important to have a Will.
Q: How complicated is it to make a Will?
A: This is very simple if you use one of the trained advisers from The Will Detectives. They will visit you to establish what you want to happen on your death and confirm how this can be achieved. The Will is then drafted and the final copy witnessed and checked for completeness. From that moment you can relax in the knowledge that you have made provision for your loved ones.