Bespoke Wills

Write or review your Will if:

• You have married or divorced
• You have re-married and you have children from an earlier marriage
• You have just bought a property
• You have made a lot of money selling a business or property
• You are living with a partner but are not married
• You have a partner and are unmarried but own a property or run a business together
• You have an illness that could impact your capacity to make decisions
• You have high value on-shore or off-shore assets, or a business

Yes. Even if your bank account balance just covers your monthly bills and you don’t have children, own property, or have substantive savings, you should still make a Will. One reason is that having a Will clears a lot of red tape for your friends and family. Another, it means there are less likely to be misunderstandings as to what you may have intended when you are gone. Having a Will also saves your executors time and money during the administration of your estate.

It’s important to ensure a Will is legally binding. A Will must be made by someone of at least 18 years old, made voluntarily and without pressure from anyone and made by a person of sound mind (this means the person must be fully aware of the nature of the document and of the property and identity of the people who may inherit). A Will also has to be in writing and signed by the person making it and two witnesses, and all have to sign in the presence of each other. A witness or the married partner of a witness cannot benefit from a Will. If a witness is a beneficiary (or the married partner or civil partner of a beneficiary), the Will is still valid but the beneficiary will not be able to inherit under the Will. Although it will be legally valid even if it is not dated, it is advisable to ensure that the Will also includes the date on which it is signed. As you can see, there are many factors to bear in mind to ensure a Will is legally binding.

Yes. It’s important that you review your Will at least every year or two, or whenever you undergo a major life change, such as getting married or committing to a serious relationship or buying property. This ensures your Will reflects your wishes, which may change over time.

An executor is a person named in your Will who sorts out your estate (i.e. everything you own, including money, property and possessions) once you are gone and ensure your wishes as set out in your Will are followed.

Executors bear a lot of responsibility. They are expected to administer the estate of the deceased in line with the deceased’s Will and exercise reasonable care and skill in doing so. If things go wrong, an executor can be held personally liable. As well as acting as executors for many of our clients, we also advise executors to ensure they are fulfilling their duties properly.

No, whilst it is often the case that a Solicitor is appointed by the person making a Will to act as an executor, this is not always the case.

Hopefully the deceased will have asked if you would be executor at the time they made their Will. If they have not, when they die, if you do not wish to act as executor or if you agreed to be executor but no longer wish to act, you can ‘renounce’ your role. To do this, you will need to sign a Deed of Renunciation. This is a legal document which can be drawn up by a Solicitor.

This is the condition of a deceased’s estate when the deceased has died without making a valid Will. Their property is shared out according to certain rules prescribed by law. The rules may result in the estate being shared in a way the deceased would not have wanted. This is why it is important to make a Will because it ensures your wishes are followed on your death.

Yes. If you want to make small changes to your Will you can sign a document called a “Codicil” that outlines all the changes. If you want to make substantial changes to your Will, it’s usually easier to write a new one. It’s also important to re-visit your Will every year or two, or whenever you undergo a major life change, such as getting married or committing to a serious relationship or buying property.

If someone dies without having a valid Will (referred to as having died intestate), their money, property and possessions will be distributed according to the law. This may not accord with what the deceased would have wanted – for example, their estate might pass to someone they did not want to benefit or someone the deceased did want to benefit, might not benefit at all.