Why Writing a Will Matters

Writing a Will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out after you pass away. Without a valid Will, your estate is distributed under the intestacy rules, which may not reflect your intentions. By seeking professional advice from experienced Will writing solicitors, you can make informed decisions about your assets, guardianship, and inheritance planning. At Mullis & Peake, our Wills solicitors support clients across Essex with clear, expert guidance on every aspect of Will writing.

Important things to consider when writing a Will

Before writing a Will, there are a few key decisions to make. A testator (the person who is the subject of the Will) must be over the age of 18 at the date of signing it and have the requisite mental capacity. You’ll need to choose your executors - the people responsible for managing your estate - and decide who your beneficiaries Will be. If you have young children, appointing guardians helps ensure their care and financial needs are met. It’s also worth reviewing how your assets are owned and whether inheritance tax could apply.

Our Will writing solicitors in Essex, can guide you through these considerations and make sure your Will is drafted correctly to avoid potential disputes or errors. To understand what can make a Will invalid, visit our Invalid Wills page.

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What is Mental Capacity?

When writing a Will, the testator must have mental capacity - the ability to understand and make informed decisions about their estate. This means they must:

  • Understand what a Will is and the effect of making one.
  • Be aware of the assets they own and who might expect to benefit.
  • Appreciate how their decisions affect those individuals.

If a Will appears rational and is properly executed, capacity is usually presumed. Our experienced Will writing solicitors in Essex, can advise where there are concerns about capacity or undue influence.

What are the different types of Wills?

There are several types of Wills, each suited to different personal and financial situations:

  • Single (Standard) Will - for individuals who want to leave specific instructions about their estate.
  • Mirror Wills - used by couples who want to leave identical instructions, such as leaving everything to each other and then to their children.
  • Trust Wills - include a trust structure to protect assets, provide for vulnerable beneficiaries, or reduce inheritance tax.

Our Will writing solicitors can advise on which option best suits your circumstances.

Requirements for a Will

For a Will to be valid, the following legal conditions must be met:

  • It must be in writing - the format can vary, as long as the content is clear and understandable.
  • It must be signed by the testator - or by someone else, in their presence and under their direction.
  • The signature must show intent - confirming the testator wishes the Will to take effect.
  • It must be witnessed by two people - both present when the Will is signed. Learn more about witnessing a Will.

Certain exceptions apply, such as where the Will is written in another language or the testator is visually impaired. Our Will writing solicitors ensure every document meets these requirements, helping you avoid an invalid Will.

Additional Will Writing Services

Planning for the future is beneficial for everyone to consider.  As well as preparing a Will, it is also worth considering the following additional matters:

Lasting Power of Attorney – this is a legal document which allows you to appoint one or more people you trust to manage your affairs in the event you require assistance or are incapacitated.  You can appoint them to assist you with your (i) property and finances, (ii) health and wellbeing or both.  By way of example, granting someone authority to deal with your finances means they can access your accounts and help to pay bills if the need arises. Learn more about Power of Attorney here.

Setting up a trust – a trust is a useful vehicle for holding wealth and assets in an independent way, separate from your own wealth, for the benefit of someone else.  Trusts are often used as a means of providing for young children, vulnerable adults or to help reduce or avoid inheritance tax when you pass away.  A trust can be set up and managed whilst you are alive or set out in your Will to only take effect when you pass away.

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Our Will-Related Video Guides

Explore our collection of short videos covering key topics around Wills, inheritance, and estate planning. Click below to hear directly from our Will solicitors and learn more about how we can help.

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Wills and Probate Team

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Manzurul Islam

Manzurul is a ​Member and heads our Wills and Probate team.

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Martyn Trenerry

Martyn ​is a consultant and specialises in contested Wills and personal injury.

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Trudi Bates

Trudi is a Senior Associate at Mullis & Peake, with extensive experience in the Wills and Probate field.

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