Why should I write a will?
- A will allows you to choose who will benefit from your estate, upon your death.
- A will allows you to protect your assets.
- A will allows you to avoid intestacy law.
- A will allows you to appoint a guardian for your children and pets.
- A will provides clarity and aims to avoid family disputes upon your death.
Why should I obtain legal advice when writing my will?
A DIY or homemade may well be at risk of being declared invalid.
When writing a will an individual must make sure to effectively dispose of all assets in the correct manner. Modern families come in many varieties and there are complexities to consider. Further, if a will is not signed correctly this can lead to disputes and family members may wish to contest the will.
If your will is declared invalid your estate will be administered in accordance with a previous valid will or will follow the rules of intestacy. Under the rules of intestacy only married or civil partners and some other close relatives can inherit under the rules. This may not follow your wishes and might lead to upset amongst your family.
Our solicitors will always consider an individual's testamentary capacity and often seek the assistance of independent social workers if this is not clear.
How can we help?:
At Clapham & Collinge, our solicitors will take the time to discuss your wishes.
We can assist you to avoid the common pitfalls by:
- Including provisions for the creation of a trust.
- Appointing the correct number of executors.
- Advising on Inheritance Tax.
- Considering the testator's testamentary capacity and seek the assistance of an independent expert if this is not clear or it is likely to be an issue.
We will ensure that the correct language is used so your wishes can be carried out after your death.
What if I have already written my own will?
If you have already created a homemade will, we recommend you seek our advice as soon as possible. Our solicitors are increasingly seeing homemade wills which can often have expensive tax consequences or lead to expensive litigation through a contested probate.
Lastly, please make sure your family know where to find your will. At Clapham & Collinge we offer the facilities of our fireproof safe, and we will only release the will to the executors with proof of a valid death certificate.
We currently offer a free 30-minute appointment to executors on the collection of a will. We endeavour to provide a complete understanding of the will to the executors, whilst offering assistance to ensure the deceased's wishes are fulfilled.
