MAKING A WILL | WILL WRITING

PROFESSIONAL WILL WRITING SERVICE

Making a Will is essential if you care about what will happen to your family or your property when you pass away. Learn more about making a will with EPO Solicitors.

WHY MAKE A WILL?

Making a Will ensures that the right people inherit what you leave behind, that your loved ones are looked after, and that your wishes are fulfilled after you die.  It can save your loved ones considerable stress, trouble, and delay in dealing with the administration of your estate.

It isn’t the easiest topic to consider, but our experienced solicitors are here to ensure it is a smooth, straightforward and painless process. We are friendly and approachable, and we use straightforward language that is easy to understand.  We ensure that all possible eventualities are considered in the Will making process, so your Will does exactly what you want it to and leaves no room for argument or dispute after you have passed away.

Statistics suggest that only around one-third of adults have made a Will, and well over half of these are out of date. If you do not have a valid Will, the law dictates what will happen to your assets and property.  This can often have unintended consequences.  For instance, many people believe that everything will automatically pass to their spouse or civil partner when they die but this is not always the case.

The law does not recognise unmarried partners and cohabitees.  If one of you dies without a valid will, your partner may receive nothing.

making a will for elderly
making a will for family

'I DON'T HAVE MUCH TO LEAVE!'

This is a common excuse made by people who put off making a Will. However, a Will doesn’t simply dispose of your assets, it can deal with many other aspects too, for example:

  • Guardians -  if you have children, you can use your Will to appoint guardians who will look after them if they are under 18 when you die.
  • Executors - Your executors administer your estate and ensure that it passes to the people who are legally entitled.  By having a Will, you can choose the people you trust to do this for you, rather than relying on the law which may impose on people you would not have chosen yourself.
  • Funeral Wishes - Setting out your funeral requests can make things easier and reduce stress for your family at a very difficult time.

WHAT ELSE CAN I DO WHEN MAKING A WILL?

  • You can control when your beneficiaries inherit your estate, which is useful if you have children as you may not wish them to inherit everything when they reach the age of 18.
  • You can provide a structured inheritance for beneficiaries with special circumstances, such as those with disabilities.
  • You can consider and mitigate the effects of inheritance tax on your estate
  • You can protect your property and assets in case you or your partner may need long term residential care in the future
Person making a will

WHO SHOULD I TALK TO?

A professionally drawn will writing service ensures that your wishes are carried out, without delay or dispute. Our solicitors have a wealth of experience and knowledge in all aspects of Will preparation.

We will be happy to advise on ways of planning for your future, and we will answer any questions and deal with any concerns you may have.

 

ALTERNATIVELY, PLEASE CONTACT MILES ASTBURY-CRIMES OR SARAH OWENS ON:-

Miles Astbury-Crimes:

Telephone Number: 0121 686 9444 Miles.astbury-crimes@e-p-o.co.uk

Sarah Owens:

Telephone Number: 0121 686 9444 | Sarah.owens@e-p-o.co.uk

Main office number: 01216869444

In safe hands

I can’t thank David Smith enough for the way in which he handled my divorce. His friendly and approachable manner was much appreciated, throughout what was inevitably a difficult and emotional time. He also fought my corner with tenacity, leading to a fabulous financial settlement. At a time of such uncertainty, it is reassuring to know that you are in safe hands……I would not hesitate to recommend David to anyone going through the same experience.

Great, clear advice delivered in a personable manner

David’s advice was critical in resolving a complex family matter. Without his involvement, the case would have stalled. He helped me to understand the legalities of the situation and provided direction in what I found to be a highly confusing situation. Great, clear advice delivered in a personable manner.

Nothing was too much for him

David really made me at ease and helped me through the whole process. Nothing was too much for him and he always made time for me.

Huge thank you to David

Huge thank you to David for making a horrible stage of my life, going through a hostile divorce a whole lot more bearable. Don’t know how I would have got through it without you.

Wills FAQs

A Will is a legal document that helps with the distribution of your assets after your death and can appoint guardians for minor children. A will is important to have, as it allows you to communicate your wishes clearly and precisely.

A will is important because it ensures that the right people inherit what you leave behind, your loved ones are looked after and that your wishes are fulfilled when you die.

If you die without a valid Will in place this dictates how your money, property and possessions can be distributed. This may result in your loved ones not inheriting from you your estate as you may have originally intended.

We recommend that you review your will every few years or if your personal and/or financial circumstances change (such as marriage, divorce, children etc).

Yes, you can choose to not make provision for a person/people in your will at any time by changing your will (as long as you have the mental capacity to do so).

We would also advise that you prepare a side letter detailing your reasons for doing and that they have already been considered, so as to better evidence your intention should a claim be made against your estate in future.

A Will does not have an expiry date, however, you should be very mindful that if you have made a Will and your circumstances change, and current Will will stand unless your will is updated accordingly.

For a Will to be valid you must have it signed in the presence of two people, You must have the mental capacity to make the will and understand the effect it will have. You must also have made the will voluntarily and without pressure from anyone else.

You can prepare a Will yourself, or have a solicitor prepare it for you, however, if you prepare it yourself, you will need to ensure that you sign it in the presence of two independent witnesses.

Homemade wills may be prepared in such a way that the language used prevents your will from dealing with your estate. This means you could unintentionally die intestate, partially meaning some of your assets may pass to people not of your choosing.

Homemade wills are much more susceptible to being challenged because there is no independent evidence available to support their validity. In contrast, a solicitor is expected to keep a detailed file and make a contemporaneous note of all meetings and telephone conversations where instructions and advice were given.

These can be made available in the event of a challenge to the will to explain the decisions. This will make the challenge to the will more difficult and either then deter the claim or make it less likely to be successful. 

The solicitor will ensure the will is properly executed in accordance with the legal formalities required.

The person dealing with the estate of a person who has died is called the executor of a will or an administrator.  An executor is named in the Will as being responsible for dealing with the estate.

An administrator may have to apply to the probate registry, the court that deals with any probate applications before they can deal with the estate.

An executor has a legal responsibility to carry out the provisions of the Will whose duties include the original Will, sorting out finances and applying for probate.

You can use your will to appoint guardians for your children to determine who will look after your child/children if they are under the age of 18 when you die.

The courts will be left to decide who takes care of your children. This will usually be a close relative, but it may not necessarily be the person you would choose.

When one parent dies, the surviving biological parent can look to obtain custody of the child.

It is important to note that the law is not biased towards certain genders. Therefore, if a mother of a child dies the biological father of a child can obtain custody.

A living Will is used when you can’t communicate or are unable to make your own decisions. It allows you to refuse treatment, even if this leads to your death. 

The people that are caring for you will need to carry out any wishes and must follow your instructions.

If a beneficiary dies before you, and someone else is not named to inherit the gift in their place their gift lapses as if it never existed.

In safe hands

I can’t thank David Smith enough for the way in which he handled my divorce. His friendly and approachable manner was much appreciated, throughout what was inevitably a difficult and emotional time. He also fought my corner with tenacity, leading to a fabulous financial settlement. At a time of such uncertainty, it is reassuring to know that you are in safe hands……I would not hesitate to recommend David to anyone going through the same experience.

Great, clear advice delivered in a personable manner

David’s advice was critical in resolving a complex family matter. Without his involvement, the case would have stalled. He helped me to understand the legalities of the situation and provided direction in what I found to be a highly confusing situation. Great, clear advice delivered in a personable manner.

Nothing was too much for him

David really made me at ease and helped me through the whole process. Nothing was too much for him and he always made time for me.

Huge thank you to David

Huge thank you to David for making a horrible stage of my life, going through a hostile divorce a whole lot more bearable. Don’t know how I would have got through it without you.