All About Wills
Creating a Will can, for some, be an emotionally charged process motivated by a range of deeply personal reasons. For this reason, Wills are not only a legal necessity, but also an emotional act that will ultimately provide peace of mind for you and your loved ones.
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If you do not own your own home and have very little savings, you can sometimes believe there is no need to have a Will prepared because you think you do not have anything of any value to gift. However, you may have items that are sentimental that you would like to leave to family members. Without a Will specifically gifting these items, your estate would pass in accordance with the intestacy rules. The intestacy rules are a fixed set of rules on who receives your estate and how much. This would not give you control over who benefits from your estate and how much they get. Also, in the future you may have more assets to your name even if you think you do not have any at present, so creating a Will provides peace of mind knowing that you have taken steps to ensure your assets are distributed according to your wishes when you pass away.
There are a number of points to consider in readiness for your appointment. Please click this link to find out some of the things you should consider ahead of your appointment.
It is essential to review your Will to ensure it still represents your wishes. Some of the common reasons to update your Will can be found by clicking this link.
Yes, assuming you want your partner to inherit from you. It is very important for unmarried partners to make Wills. Your Partner will not benefit from your estate unless a Will has been prepared making provision for them.
Executors are the people appointed by you in your Will to carry out the instructions in your Will. It would be wise to appoint at least two Executors. Your chosen Executors can be your family, friends or you can even appoint professional Executors (e.g. Solicitor in a firm). Professional Executors will charge for their services.
An Executor has to be at least 18 years of age.
Yes. An Executor can also be a beneficiary.
You should appoint Guardians if you have children under 18 years of age. You should give consideration as to the age of the Guardians, do they have a good relationship with your children, do they have the same views regarding how your children should be educated etc
Yes, it is quite usual for Guardians to also be Executors.
No, but if you want specific objects or certain amounts of money to go to certain people, then these will need to be listed in the Will. However, what you do not identify in your Will (everything else not listed, whatever it may be), is dealt with through distribution of the residue. It is important when leaving gifts, that you give the full name of the recipient and a full description of the gift.
Yes. The full name, address and registered number of that charity would need to be included in the Will.
The residue is everything that remains after specific bequests (if any) and after payment of all debts, taxes and expenses. There is no need to itemise the residue. You can simply decide what proportion each beneficiary is to receive, if you are naming more than one. For example, you may wish to leave the residue to your spouse and if your spouse has already passed away, then for the residue to pass on to your children. If perhaps you do not wish your children to benefit in equal shares, you can state what proportion each child is to receive. If you are single and do not have any children you may wish to leave the residue to other named beneficiaries, for example, 50% to Mr A and the remaining 50% to be shared equally between Mrs B and Miss C.
You may have included a substitute beneficiary in your Will in case your first choice of beneficiary dies. If a substitute beneficiary has not been appointed, then generally it forms part of the reside (as explained above) and will pass to those you have named as beneficiaries to benefit from the residue..
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