Here for you, from the beginning
None of us relish the thought of our own death, but it is the one thing in life that is guaranteed. Our Wills team will guide you through the process to ensure everything is planned and documented.
Why make a Will?
None of us relish the thought of our own death, but it is the one thing in life that is guaranteed. If you don’t leave a Will then the law will step in and a rigid set of rules, (known as the intestacy rules) will dictate what happens to your property and your money.
By executing a Will you provide certainty as to your intentions and wishes and you also reduce the anxiety for your loved ones following your death.
Your Will tells people two very important things:
Who should have your money, property and possessions when you die.
Who will be in charge of administering your estate and following the instructions you leave in your Will – this person is called your ‘executor’, and you can name more than one person if you want to.
You can also use your Will to tell people about any other wishes you have, for example whether you want a burial or cremation.
Other advantages of making a Will
You can nominate someone to act as guardian for your children (if you die whilst your children are still minors)
Protect your partner if you’re unmarried - a long standing unmarried partner would receive nothing under the intestacy rules
Provide for step-children - your step-children may be a big part of your life, or even be your only children, but the law states that only spouses or blood relatives can automatically inherit if there is no will.
Protect your family home - If the family home is in your name, your unmarried partner and step-children aren't automatically in line to inherit it if you die without a Will - meaning they may lose their home. You can leave them a share of the property in your will, or a right to reside in the property.
Whilst a Will can sometimes be challenged on the basis that it is unfair, the courts are generally more reluctant to interfere in the provision made by a Will than that provided for by the intestacy rules.
Avoid the expense of genealogical research to identify any lost or unknown relatives that are possible beneficiaries under the rules of intestacy. This can be very expensive and time consuming.
7. It may be possible to reduce the amount of tax payable on the inheritance if advice is taken in advance and a Will is made.
Why use a Solicitor?
Making a Will without using a solicitor can result in mistakes or something not being clear, especially if you have several beneficiaries or your finances are complicated. Mistakes in your Will could even make it invalid. Instructing a Solicitor to prepare your Will can avoid the following common mistakes:-
Not being aware of the formal requirements needed to make a Will legally valid
Failing to take account of all the money and property available
Failing to take account of the possibility that a beneficiary may die before the person making the Will
Changing the Will. If these alterations are not signed and witnessed, they are invalid
Being unaware of the effect of marriage, a registered civil partnership, divorce or dissolution of a civil partnership on a Will
Being unaware of the rules which exist to enable dependants to claim from the estate if they believe they are not adequately provided for. These rules mean that the provisions in the Will could be overturned
Sorting out misunderstandings and disputes after your death may result in considerable legal costs, which will reduce the amount of money in the estate.
There are some circumstances when it is particularly advisable to use a solicitor. These are where:
You share a property with someone who is not your husband, wife or civil partner
You wish to make provision for a dependant who is unable to care for themselves
There are several family members who may make a claim on the Will, for example, a second wife or children from a first marriage
Wills, Probate & Estate Administration Team
Experienced and Strategic
Our team has many years experience in delivering high quality work in all matters relating to probate and estate administration. All work is supervised by Emma Leek, Director and Head of Private Client department.
Get in Touch
Thank you for visiting our website. If you’d like more information and for one of our team to get back to you, get in touch today.
Registered Office: 36 Clarence Rd, Chesterfield, S40 1XB
Kieran Clarke Green Ltd trading as Kieran Clarke Green Solicitors. Registered in England and Wales No. 9928406.
Authorised and Regulated by the Solicitors Regulation Authority No. 627285