22/08/2011 12:30:54
www.clicklegalservices.co.uk
Administrator
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Wills – Usual Questions
What is a Will?
A Will is a legally binding document where a person appoints people to deal with their “Estate” after their death - stating what is to happen with their money and property, and who is to then benefit.
A properly drafted Will should be regarded as a “tool” in proper “estate planning” – planning being vital to minimise future tax liability.
Please speak to us if you need advice. Please Call on 0844 561 5600
Who can make a Will?
Anyone over 18 and with abililty to understand what they are doing.
Should I Make A Will?
If you pass on without making a Will, then the law sets out how your “estate” is to be dealt with – meaning it may not actually go to the people you intend. For example, your spouse might have to sell the home - to give any children money, they may then, be entitled to receive.
If you pass on, without making a Will (called ‘dying intestate’) it can be difficult working out who is entitled to get what, and, more often than not, disputes can arise. You can say how your funeral should be dealt with - and what will happen with your possessions and other assets (your ‘estate’) when you die, as well as making gifts (if you want to) to charity etc. If you do not have any family members the government will receive your estate outright.
Please speak to us if you need advice. Please Call on 0844 561 5600
What Happens If I Don’t Bother Making A Will?
If there is no Will, the law sets out the order of who is responsible for “administering the estate’ – (sorting things out after death). This starts with the spouse or civil partner. The person responsible is called an ‘Administrator’ (as opposed to an “Executor” if a will is made).
If there is no spouse or civil partner, then children aged 18 or over, are to deal. If there are no children, then next on the list are parents, followed by brothers or sisters then grandparents then aunts and uncles.
Please speak to us if you need advice. Please Call on 0844 561 5600
What will happen to my house if I die and my partner is still alive?
If you hold your property as joint tenants your property will pass to your partner. If however you own your property as tenants in common your half share of the property will pass into your Estate. Thus if you have not made a Will your share will pass to a family member and if there aren’t any to the government, who may or may not order the property to be sold.
Can I specify how I want my funeral to be conducted in my Will?
Yes
Can I donate organs in my Will?
Yes
Can I provide for my pets in my Will?
Yes
Can I nominate people to be the guardians of my children?
Yes
I don’t have any money in my estate, is it worth me making a Will?
It doesn’t matter how little you think you are worth, you can make specific requests in relation to your funeral, pets, children. Also, you may have items which are of particular sentimental value, have you considered who you would like to receive these items?
What is an executor?
An Executor is the person you would like to carry out your wishes in accordance with your Will. You can nominate anybody to do this (provided they are over the age of 18), however we would recommend you ask this person(s) before nominating them. (We usually recommend you nominate two executors).
What is a beneficiary?
The people you nominate under your Will to benefit from your Estate.
What is a guardian?
Someone who will look after your children until they reach the age of 18 years.
Can the executor and guardian be the same person(s) or do I have to nominate separate people?
An executor can also be appointed as your child’s guardian
How does a Will become legally binding?
Once your Will is drafted it must be signed and dated by you in the presence of two witnesses, once this has been done your Will becomes binding.
Do I have to come into the office to sign my Will?
No, you can arrange for it to be done yourself. However, in order to confirm your Will has been signed correctly we ask that a copy of the signed will is sent to us to check.
Who can be a Witness?
Anybody who does not benefit under the Will, is not a relative or married to anyone who benefits under the Will. The witness must also be over the age of 18 and not be blind.
Where should I store my Will after it is drafted and legally binding?
We suggest you store your Will in a safe place and you ensure you have notified people of its whereabouts. Barnetts will be happy to store your Will completely free of charge.
How do I change my Will?
You can change your Will at any time, please contact us to discuss.
Is The Will Actually Valid?
The “Testator” – (the person making the Will) must:
Be at least 18 years old (unless on “active” military service)Fully understand what they are doing and have “mental capacity"
The Will must be made without ‘undue influence’ or coercion (i.e. without threats or force – in other words, it has to be freely and willingly made)be signed by the person making the will be signed by two witnesses, who are all together at the signing, andbe dated at the time it is signed.
Wills do not need any special form - or laid out in a particular way, but it has to say exactly what you mean it to - and cannot be interpreted any other way. If it is vague – there can be problems. Beware the “Home Made Will” in this regard – these are usually a complete false economy. Once “executed” – signed and witnessed in the proper manner – that is it. No changes or additions can be made afterwards though, unless you make a new Will or add a “codicil” to it.
Please speak to us if you need advice Please Call on 0844 561 5600
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