Wills

If you have not already made your Will then you should consider doing so for the following reasons.

1.  If your Will was made some time ago then you should consider whether it is time to make a new one having regard to changes in family circumstances or tax law.

2.  It is not safe to assume the law will carry out your wishes if you make no Will (the law of intestacy). Particularly in the case of a husband and wife it may be uncertain or a matter of chance which side of the family would benefit in the event of a common accident or deaths in quick succession.

Even between husband and wife where all the property is in joint names (as joint tenants) and will pass to the survivor automatically (if the joint tenancy is not severed prior to death) a Will is still important to cover any property acquired later which is not taken into joint names and any assets which may have been overlooked - for example life policies in sole name or pension payments due to the estate.

Where all the property is not in joint names it is not unusual for the estate of one spouse to exceed the amount which by law will pass absolutely to the survivor on intestacy so that part of the estate passes to the children or sometimes remoter relatives of the deceased contrary to the wishes of husband and wife.

Moreover a Will is essential to cover the situation when the survivor dies. As it is impossible to foresee who will die first it is therefore important for both husband and wife to make Wills which should be in similar form in order to achieve the common intention whoever dies first.

3.  It is particularly important where the beneficiaries may be under age that the whole of the gift may be used for their benefit - for example so that they may complete their education or acquire a qualification. Without a Will this would not be possible.

It may also be advisable to treat children differently where their needs differ - for example where one child is much younger than the others who are already or nearly self-sufficient. Without a Will this would not be possible.

4.  Please let us know if you need any further advice, e.g:-

Where you are not married, or

Where one partner has been married before and there are children of the earlier marriage (who would not inherit on the intestacy of the step-parent), or

Where it is your intention that property or its proceeds should revert back on death of the survivor to the family from which it or the funds to by it originally derived

5.  Whilst a professionally drawn Will must of course be paid for - nevertheless it may well be cheaper in the long run than dying without a Will or trying to make your own either from scratch or on a printed Will form. If you make a mistake in the formalities required or do not express your wishes clearly and in legal form then this could involve substantial expense to your estate or the failure of your wishes in whole or in part. This is another case where D.I.Y. is not a good idea as it is too late to consult an expert when the need arises.

There is only one thing worse than not making a Will and that is making a mess of it.

A Will is your last opportunity to set out your wishes on death and it is therefore important you should take the time and trouble to see that this is properly done.

6.  As a Will only takes effect on death there s no point in postponing making a Will until it is too late owing to an accident or intervening incapacity. It is also cheaper to make a Will whilst you are fit and well and able to come into our Office.

A Will may be revoked at any time before death.

7.  If you would like to make a Will or a new Will please ask for our Wills Instructions form.