Wills & Probate

Wills – FAQ’s

Q: WHY SHOULD I MAKE A WILL?

A: If you do not make a will.…..

You will have no control over where your estate goes, and it will not necessarily go where you want it to.

If you do not leave a will your estate will be distributed according to the rules of ‘intestacy’ which are strict legal rules governing the distribution of estates where the deceased did not leave a will. These rules take no account of your wishes as to where you would like the property to go, or whether the relatives who will inherit were known to you.

If you are married, your spouse will not necessarily receive your whole estate – they normally only receive the first £250,000 of your assets and thereafter your estate is divided between your spouse and children.

If you are not married but have a partner, then your partner may not receive anything and it is particularly important to make a will in these circumstances.

Inheritance tax may be payable on your estate. Making a will is an ideal opportunity to take advice on inheritance tax planning and with a properly drawn will you may be able to reduce or even avoid a tax charge altogether.

Q: WHAT WILL HAPPEN TO MY CHILDREN IN THE EVENT OF MY DEATH?

A: If you have children then you can make provision for them in your will.

You can nominate a person or people to act as their legal guardian(s) if you die before your children reach the age of 18. Without a will your wishes may not be known to your family, and they will have to decide who is to act as the children’s guardian. This can be a cause of disputes within families.

In your will you can also provide for your estate to pass to your children to ensure that they will be looked after financially. If the children are still young, you should appoint trustees to look after the assets until the children are old enough to inherit them. You can also decide the age at which the children should inherit your estate.

Q: I AM MARRIED – DO MY SPOUSE AND I EACH NEED A WILL OR CAN WE MAKE ONE BETWEEN US?

A: You will need to make a will each, but you can make ‘mirror wills’ which both contain equivalent provisions.


Q: I DON’T WANT TO THINK ABOUT MAKING A WILL NOW – CAN’T I DO IT WHEN I AM OLDER?

A: You can make a will at any time, but the sooner you make one the sooner you make your wishes known as to how your estate should be distributed in the event of your death. Making a will is about taking control and planning for the future security of your family and loved ones.


Q: I MADE A WILL MANY YEARS AGO – DO I NEED TO CHANGE IT?

A: It is important to look at your will again every few years, as your family and financial circumstances will change as you go through life. We recommend that you review your will approximately every five years, to ensure that it still carries out your wishes.

You can update your will at any time, either by preparing a ‘codicil’ (a document which amends the terms of your existing will) or, if your will requires several amendments or the amendments are complex, then it may be simpler to prepare a new will.

Making a new will automatically revokes any will you made in the past.

Other factors which can affect your will:

Marriage – automatically cancels a Will you made in the past unless the will was expressly made in contemplation of that marriage. It is therefore very important to prepare a new will as soon as possible after you marry.

Divorce – this does not cancel your will but the provisions you made for your former spouse will no longer be valid. You should review your will following a divorce to ensure that it still carries out your wishes.

Separation – does not automatically affect your will but you should review your will to ensure that it still carries out your wishes.

Death of a Beneficiary in your will – it depends how your will was originally drafted as to whether that Beneficiary’s gift will pass to someone else instead, or will fail and pass under the residue of your estate.

Change of address – if you or one of the people named in your will moves house, this does not invalidate your will however you should ensure that a note of their new address is placed with your will so that they can be easily traced in the event of your death.


Q: WHO WILL DEAL WITH MY ESTATE WHEN I DIE?

A: If you make a will then in your will you appoint people to act as your ‘Executors’. You can have up to four Executors, who should be people you trust to carry out your wishes under your will. There is a responsibility on your Executors to deal with your estate carefully and accurately, and to distribute it in accordance with the terms of your will. Your Executors can also benefit under your will, so often people appoint their spouse or children as their Executors. If your estate is large or complex then you may prefer to appoint a professional Executor such as a solicitor.

If you do not have a will then your next of kin are entitled to apply to be appointed as your ‘Administrators’. This can lead to arguments as to who should take on this responsibility, and it may not be the person you would have wished.


Q: WHERE SHOULD I KEEP MY WILL WHEN I HAVE MADE IT?

A: It is important to keep your will in a safe place where it will not be lost, and where your Executors will find it following your death. You can keep your will at home if you wish, however many people leave their original will with the solicitor who prepared it. At Rowlinsons we do not charge a fee for the storage of wills. We provide you with a copy of the signed will to keep at home, so that your family or your Executors will be able to trace where your original will is stored.


Q: WHY SHOULD I USE A SOLICITOR TO PREPARE MY WILL – CAN’T I DO IT MYSELF?

A: There are many ‘DIY’ Will kits available on the high street. Provided the formalities for preparation and signature of the will are followed then it is possible to make the will yourself, however the law in this area is extremely complex. If your home-made will is defective, this will not be discovered until after your death, when a great deal of time and money may be wasted in trying to sort out the problem.

Having your will prepared by a solicitor who specialises in this field will ensure that these problems do not arise. A solicitor will take full details about your family and financial circumstances and your wishes, and will be able to advise you fully about the implications of your will. This will give you the peace of mind of knowing that your will has been properly prepared and complies with the law.

Having a will prepared by a solicitor may be less expensive than you think – we would be happy to provide you with our charges for the preparation of wills on request.