Writing a Will...
The process of writing a Will with the Will Writer Group is a rewarding journey that begins with your enquiry. One of our friendly team will be in touch to understand your wishes. Your advisor will then issue a terms of business and formal quotation for the work to meet your requirements. Once your instruction is confirmed your documents will be drafted. Due to the importance of these documents every document is sent for audit and approval by our compliance team.
Once the documents have been checked, and double checked, they can be produced for you to sign and have witnessed. Once complete, your Will will then be stored in our dedicated storage facility.
However, we should highlight that your Will is a legal document and, as such, will need to be reviewed on a regular basis as your life and circumstances change but you can rely on the Will Writer Group to be with you to offer a helping hand at any point in the future.
Learn more from the friendly Will Writer Group team.
Making a Will...
When it comes to making a Will with the Will Writer Group, you will be working with a friendly team with a wealth of experience.
While many of us do not want to discuss death, it is a perfectly natural and normal conversation to have. Whether we worry about wanting to see our children grow and helping them to achieve their goals and ambitions, a Will will help ensure that your loved ones will be taken care of should you die.
Regardless of your circumstances, you may have questions that need to be considered and our helpful team will be happy to help and this website should offer most of these answers and point the way to ensuring your wishes after you die are fulfilled.
Or, you can contact us to begin the process of writing your Will.
Why Make a Will...
In its simplest terms, by making a Will you are choosing who will receive what you want to pass on after you die. For many reasons, it’s one of the most important financial documents we will ever make and will help loved ones deal with your estate effectively.
It’s important to appreciate that no-one should believe that after we die our loved ones will automatically get what you would like them to receive if you have not made a Will.
That’s because the rules of intestacy apply.
So, for example, should your estate be worth more than £250,000 and you are married with children, then your spouse will probably receive the first £250,000, along with your personal chattels (a legal term for belongings) and 50% of what remains of the estate.
The remaining 50% of the estate’s balance will then pass to your children.
However, should there be no immediate, or even distant, relatives that can be traced then your estate could end up being passed to the Government.
You may also want to include in your will how you want your children to be cared for after you die – and by whom. These are important issues to discuss and make clear to your executors. The question of guardianship should both parents die can also be dealt with. These issues are dealt with in more detail on the ‘Role of a Will’ page.
It’s important that a Will is made and kept securely to avoid the distress that may come should your estate be deemed as intestate.
For those who are not married, then you need to read our ‘What if you don’t make a Will?’ page.
Roles of a Will...
We all appreciate how important making a Will is but it is also important that after you die that your final wishes are carried out. This means there are roles that will need to be fulfilled by an executor. These terms, and others, are explained below.
Executors: People you trust to manage your final affairs. The role brings a certain legal responsibility so only nominate those you trust and are capable. If you can’t think of anyone, we can recommend professional executors to act as reserves or do the full job but these come at a cost.
Trustees: These people manage money and assets for beneficiaries until the beneficiary fully inherits. The name gives a clue – you should trust these people! These people are commonly the executors and again we can recommend reserve or full professional trustees.
Guardians: The people you trust to physically raise your children. It is often beneficial to have a main guardian and a reserve.
For more information about the roles of a Will, then speak with the Will Writer Group team.
How To Write a Will...
There is nothing to stop you from writing your own Will but without the relevant experience you may inadvertently create problems for loved ones you leave behind.
Also, there are online Will writing services that offer a cheap solution but they are also unregulated and there’s no guarantee that any advice given will be competent or even accurate. It’s also important to appreciate that the Will created may not be legally binding.
For those who opt to use a Will writing and execution service from another provider,
for instance a bank, then you need to read carefully their terms and conditions since they may insist that they are one of your estate’s executors.
For these reasons, it is best to use a specialist Will writing service who can write and administer a Will. They will also be able to deal with any complex issues and detailed legal advice may be needed while the Will is being professionally drafted.
That means speaking with the friendly team at the Will Writer Group.
Changing Your Will...
With the Will Writer Group, changing your Will is easy and we will undertake a regular review of your personal circumstances to ensure your Will remains up-to-date.
If you want to change a Will before a review date, then this is possible too and you’ll need to consider the changes you want to make. Indeed, simply because there is a change in your circumstances does not automatically mean that your Will should be updated.
However, it’s important that you should not write any changes onto your existing Will and you should not cross anything out either. Also, you should not use correction fluid.
It’s a legal requirement for people living in England and Wales that any change to your Will must be done properly so there are two options available:
You can create a new Will
Or you can create a Codicil
Essentially, a Codicil is a legally recognised document that refers to your current Will and sets out clearly the alterations you want to make. This document will not replace your Will but will run alongside it.
As with a Will, a Codicil needs to be signed and witnessed in order to be valid.
There is just one drawback to the Codicil and that’s the potential of your wishes being misinterpreted because the document’s contents have to be cross-referenced to your original Will.
The reasons for changing your Will include:
Adding new gifts
Including new beneficiaries
A new civil partnership or marriage
For more help and advice about changing your Will or creating a Codicil, contact the friendly team at the Will Writer Group.
What If You Don't Make a Will...
There are many sound reasons for making a Will, particularly if you have specific wishes for who should receive your estate. It is also important to appreciate that because you are married with children you may believe that your spouse will receive your estate automatically, this may not be the situation at all.
Indeed, your estate may be considered to be intestate (which is a legal situation where there is no valid will) and there are rules regarding how the estate is divided up.
What happens to those people who are not married?
In these circumstances, it is crucial that you make a Will because after you die your partner will not be the entitled to any part of your estate. This will mean your house as well as your bank account, investments and any savings. Even personal belongings such as your car and jewellery, and indeed anything of value, may not necessarily go to them.
Should you die without a Will, your partner will have to make an application to the court to receive anything from your estate. It needs to be appreciated that this can be an expensive and slow process to fulfil while creating stress at a difficult time.
If you have children
For those who have children (and in this case up to the age of 18), it’s important that a Will stipulates who your children’s guardian may be; without having a Will this decision will be passed to another authority who can determine who your children’s guardian will be.
If you come from outside of the UK, for instance from the European Union or any other country, it may not be possible to take the children from the UK since this will breach a court order.
Essentially, the question for who will administer your estate should you die intestate is easy to answer: a court will take control of your estate and become its executors. This means without having a Will in place, your wishes for what happens to your estate may not be executed.
We cannot stress enough how important making a Will is, so contact the friendly team at the Will Writer Group to prepare your Will.
Storing a Will...
Once you have written your Will, it is important to store it safely to help ensure your wishes are carried out after you die.
With Wills created by the Will Writer Group, you will be reassured that your Will is stored securely by a trusted professional storage company kept safe for when your estate’s executors need it. Currently we offer free storage and will register it the Will on the national wills database.
Alternatively, your Will can be kept with a solicitor or bank, or it can be left in your home. Also, the Probate Service can look after it.
It’s important that you do not attach a separate document to the Will itself with staples or paperclips since they may easily detach and also leave marks. If it appears that a Codicil has been accidentally lost, then the validity of the Will may be called into questioned.
If you have any questions about storing a Will, the speak with the Will Writing Group team.
The question of who will look after your children should you not make a Will can be a complex and upsetting one.
As part of your Will, you can appoint appropriate friends or relatives to be the guardians of your children and ensure they receive the security, care and support they deserve after you die.
By not having a Will, you will die intestate which means a court will need to appoint guardians. And if your surviving spouse or partner is hoping to take your children to another country, then without stipulating that your spouse or partner will be your children’s guardian, then this will not be possible without applying to the court beforehand.
It will bring peace of mind to consider the incorporating of a guardianship into your Will so your children will be left in the care of someone you can trust. The guardian will assume what is known as ‘parental responsibility’ so they have the legal authority to make decisions on your child’s behalf with regard to where they live, where they attend school and also issues over their upbringing.
If you are not married to your partner, then do not assume that they will automatically become Guardian should you die. While a child’s mother automatically has parental responsibility, a father will acquire responsibility by either marrying the child’s mother or being named in a child arrangement order.