Wills Solicitors
What is a Will and why is having one important?
A Will allows you to:
- Provide financial security for loved ones – without a Will, you have no say in how your wealth passes
- Appoint trusted individuals to be responsible for your affairs (your executors)
- Decide How your property and possessions are to be divided
- Set your funeral wishes
- Reduce or even eliminate potential inheritance tax liability
- Decide who you wish to act as guardians for your children
Wills and Power of Attorney Enquiry
Fill out the form and a member of our team will get in touch to discuss how we can help.
How Mullis & Peake can help
Writing a Will
A testator (the person who is making the Will for themselves) must be over the age of 18 at the date of signing a Will and have the requisite mental capacity. You can find more about this here.
Witnessing a Will
There are two main ways for a Will to be signed:
- in front of the lawyer in their office
- by the testator at home
Understand more about this here.
Power of Attorney
A Lasting Power of Attorney (LPA) is a document that allows you to appoint one or more people (known as attorneys) to help you make decisions, or make decisions on your behalf. There are a number of reasons why you might need someone to make decisions for you or act on your behalf, find out about those reasons and the different types of LPAs here.
Probate
‘Probate’ is the common name for the process of dealing with a deceased person’s affairs. That responsibility might fall on you if you are their next of kin or are named in the Will as being their Executor. Learn all about probate here.
Trusts
Trusts can be quite technical and complex in nature, but essentially a Trust is a separate legal entity which can own assets. Property or money can be transferred to the Trust. You can learn more about trusts here. It is possible to create a trust in your Will which only takes effect after you have passed away. Understand more about Will trusts here. You can also learn about trustee responsibilities here as there are a number of obligatory duties imposed upon a person who acts as a trustee.
Disputes
The law in this area is complex, and a Will can be contested by a wide range of people. There are different names for Wills disputes, including contesting a Will and contentious probate; there are also Inheritance Act claims.
Frequently asked questions
Things to consider when you make a Will include
- Who will administer your estate
- Who will benefit from your estate
- Who will care for your young children
- How much financial provision to make for your beneficiaries
- What age your young beneficiaries will inherit
- Setting up a trust that provides for a vulnerable child or dependent
- Who gets possessions of sentimental value and family heirlooms
- Whether you would like to leave anything to charity.
You can review your Will at any time and can make amendments if your circumstances change.
Yes, you can make changes to your Will at any time and we encourage you to do so, especially if there has been a life-changing event such as marriage, children or divorce.
If you do not make a valid Will before you pass away, you have no say in how your estate is dealt with. Instead, the law will apply a default set of rules which dictates who receives your wealth and assets. This is known as the ‘Intestacy Rules’. It could mean that people you did not intend to inherit end up benefiting from your estate. Your estate may also end up paying more in tax than if you had made a Will.
We will see you initially to take instructions, before drafting the Will and sending it to you for approval. You will then be seen at a second meeting when you will sign the Will in the presence of two witnesses from Mullis & Peake LLP. This ensures that the legal requirements for the signing of Wills are met and that the Will is valid. The Will can usually be completed within two-four weeks, depending on your availability and clarification of your instructions and wishes.
There are things that you can do to reduce or possibly even completely eliminate the amount of inheritance tax that you pay. The best thing to do is to get expert advice during your lifetime. An estate planner can help you plan your affairs and your money in a tax efficient way to make sure that when eventually the time comes and you pass on, your loved ones pay as little or hopefully no tax whatsoever. If you haven't done the tax planning in your lifetime it can still be possible to manage your affairs and apply certain reliefs after you have passed away to again help reduce or eliminate the tax completely. But again, we would say because it is a complex area the best thing to do is always seek expert advice from someone who knows all about inheritance tax.
Your Will could become invalid If your circumstances change. For example, if you get married or enter into a civil partnership, any earlier Will that you might have had automatically becomes invalidated, which is known as revoked. Similarly, if you were to go through a relationship breakdown and divorce, that might affect how your Will is applied. It's always important to check with a professional and see if your Will needs updating if there have been any important changes in your personal circumstances.
If you have lost a loved one, there is no easy way to find out if that person left a Will because there's no mandatory national register. So, the best thing to do is if you make a Will is to tell your loved ones about it. Generally speaking, if you use a professional, they will ensure that you have a copy and some material that you can leave with your loved one so that they know where the Will is stored and how they can retrieve it when the time is needed.
Will writing isn't a regulated activity and that basically means that anybody can make a Will. You can even make one yourself. But if you use a law firm it's not just a secretary or service that will type up what you ask them, but you'll get expert advice and importantly, you will also get tax planning advice, so it could save you tens and possibly hundreds of thousands of pounds. Plus you have the added benefit of protection, because law firms will be regulated, they'll be insured and so your loved ones won't lose out in the event something does go wrong.
A child can inherit in the same way anybody else can, whether that is with or without a Will. However, if the child is under 18, because they haven't reached the age of maturity yet under law, somebody else needs to be appointed to receive and look after their share of the inheritance until they turn 18. Now. This does come with some important obligations because the person who is entrusted to look after the money for them might need to take advice or invest it in a sensible way to make sure that their money is protected and grows.
Keep your Will somewhere safe, waterproof, and fireproof. If you prepare your Will with solicitors, like Mullis & Peake for example, we can store them in our safe, free of charge.
A beneficiary is someone who will benefit or inherit from your estate once you have passed away. This could include property or cash, or both.
Mirror Wills are Wills made by two people which have the same content. However, these Wills can be changed at any time, as long as a person writing the Will has capacity. Although the Wills are very similar, they are not a ‘joint Will’.
Mullis & Peake have specialists in Wills ready to help you. Contact us online today or call us on 01708 784000.
Alternatively, request a call back to have one of our team contact you at a time that suits.