Helping you and your loved ones with difficult life decisions.
It need not be a complicated and difficult matter to prepare for the time when your life’s assets require distributing. LawFriend is here to help and advise you and we will be there throughout the process until you are satisfied your wishes will be heard. We can prepare a bespoke will for you that can detail any and every aspect and your instructions.
We can help you to draw up a will so that you can make sure your assets are distributed the way you intend in the event of your death.
Get a few facts and figures ready. We have prepared a useful questionnaire for this if you want one, you can find it below.
Note that jointly owned, such as the matrimonial home, items will usually automatically go to the survivor(s). If you require advice regarding how to stop this, please contact us. Personal possessions for other people can be dealt with by describing them in a letter of instruction to be placed with the Will.
Every Will needs an executor to carry out your wishes. Appoint two executors (necessary where property is concerned) just in case one of them is unable to act for you.
It is usually best to ask the McKenzie Friend to be your executor. A fee will be charged but often not as much as you would think considering the hassle it may save in the long run. Adrian Berkeley is prepared to be your executor.
It is best not to choose someone older than you. You could appoint your spouse or partner to be your executor. Grown up sons or daughters are other obvious choices. It does not matter if they are also to benefit in the will. You may be appoint them together with LawFriend.
Appoint a guardian for any minor children you have or may have in the future.
A draft Will is drawn up first. Once agreed the final Will needs to be properly signed and witnessed. EXECUTING A WILL VALIDLY, IS ESSENTIAL see the notes in the article ‘guide to signing a will’ below.
You may become wealthier or poorer; you may marry, separate, divorce, remarry; there may be births or deaths in the family.
You may decide to include certain interests, charities or causes in your Will.
These all affect a will. It may be important to make a new will because;
1. Marriage usually automatically revokes a Will. Any Will you have made before marrying will become null and void.
2. Your spouse may not necessarily stand to benefit as you would wish.
3. If you are living with a partner, they could be entitled to nothing unless named in a Will.
4. Unless you make a Will, separation could leave an estranged spouse entitled to benefit from your estate.
5. If you want to provide for a former partner or spouse following a divorce you may need to make a new Will.
Minor changes can be easily done by making a Codicil. This also needs to be properly drawn up and validly witnessed. It is usually simpler and cheaper than making an entirely new Will.
KEEP THE WILL IN A SAFE PLACE We can do this for you FREE of charge.
Keep it in a safe place and tell someone trustworthy where to find it. It is possible to deposit it at Somerset House in London.
You must make separate wills for assets abroad.
REMEMBER: A Will that is out of date may have unintended and unfortunate results or may be unenforceable.
As part of our continuing efforts to provide exceptional levels of Legal Services to our clients, we are now working with Certainty, the National Will Register service. The Certainty service consists of three core areas; Will Registration, Will Search and the TOUCH Will management system – all have been purposefully designed to assist to reduce complexity and errors in Estate Administration/Probate.
We shall also be following the Law Society’s Probate Best Practice Rules and carrying out searches with Certainty in all our Probate instructions.