Frequently Asked Questions - making a will
- Why do I need to make a will?
- Who gets my property if I don't make a will?
- As a common law husband or wife, will my partner inherit my estate?
- Do I need to change my will if I get divorced?
- What happens when I decide to make a will?
- Can an executor be a beneficiary of my will?
- Why do I need to use a solicitor to make my will?
- How long does it take to make a will?
- What if I need to make a will in a hurry because of a critical illness?
- Do I have to come into your offices?
- Can you help me if I want to challenge someone else's will?
- What is a living will?
Why do I need to make a will?
You need to make a will to make sure that any money, property, or assets you hold will go to the people or causes that you want them to after your death.
By making a will you can:
- Choose who you want as executors, to administer the distribution of your assets and wind up your affairs after death.
- Prevent financial complications and difficulties for your family.
- Set out the arrangements you would like for your funeral.
- Make sure the people you love, such as an unmarried partner or a dependent, get the provisions you would like them to have.
Who gets my property if I don't make a will?
If you don't make a will you will be said to have died intestate. Your estate will be divided up according to the rules of intestacy which can be complex.
As a common law husband or wife, will my partner inherit my estate?
If you are not married to your partner and you don't leave a will, your partner is not entitled to inherit any of your estate. The terms "common law husband" and "common law wife" are legally meaningless. You can make sure your spouse is provided for by making your intentions known in your will.
Do I need to change my will if I get divorced?
Yes, you should review your will on a regular basis - every three to four years, to take account of changes in your circumstances. You should definitely review your will when:
- you get married, separated or divorced
- you have children
- you move house
- one of your executors dies or wishes to stop being an executor
If you need to make major changes to your will, it is best to have a new one drawn up. We can make minor changes for you by adding a codicil.
You do not need to change your will if your address changes, or one of your beneficiaries or executors changes names – but you should let us know any new addresses/names so we can update our records.
What happens when I decide to make a will?
You will need to discuss the following with your solicitor:
- what is in your estate, including property, cars, personal possessions, investments and insurance policies, pensions and any businesses you own
- who do you want to share your estate with? Consider your family first of all. You may also want to share it with friends, organisations or charities. There may be conditions you want to attach
- decide if you want to leave any legacies to individuals or organisations. (A legacy is a gift of a specific amount of money)
- you may also want to make a gift to someone, such as a particular item of jewellery or furniture
- if you have children under the age of 18 you should appoint legal guardians for them
- consider providing for anyone who is financially dependent on you, including children and former husbands or wives. If you don't, they may have a claim against your estate
- give instructions for your funeral, including whether you want to be buried or cremated
- appoint executors of your will. These are people who will carry out the administration of your will after your death. You can choose family members, friends or professionals. You can appoint your solicitor at Vanderpump & Sykes as an executor for you. Remember to check that your chosen executors are happy to take on this responsibility
Can an executor be a beneficiary of my will?
Yes. You can choose up to four executors - most people have two. It helps to choose at least one person who is financially experienced, and it's sensible to choose people who you would expect to outlive you.
Why do I need to use a solicitor to make my will?
You don't need to use a solicitor to make your will, but without one you risk the following:
- producing a will that is not legally valid
- making a will which does not take into account all the issues and factors that you might need to address
- producing a will that is badly worded, and therefore does not dispose of all your assets properly
- missing out on minimising inheritance tax (relevant for anyone with an estate worth more than £312,000)
By discussing your affairs in detail with an experienced solicitor you can make sure that your will covers all aspects of your assets and responsibilities. We can also help you set up trusts for dependants.
How long does it take to make a will?
The more straightforward your affairs, the quicker it will be for us to draw up your will. However, many people find that their affairs are more complicated than they realised once they start to discuss their situation in detail. We will advise you on the length of time once we have all your details.
We generally allow between 7-10 days to send a draft will to you once you have completed our will questionnaire and other relevant forms. Once you are happy that the will is correct, we will produce a final draft for you to sign, and provide you with a copy to keep yourself.
What if I need to make a will in a hurry because of a critical illness?
When it's vital for you to make your will very quickly, for example if you are seriously ill, we can visit you and produce a will for you to sign within a few hours.
Do I have to come into your offices?
We usually like to see you for at least one visit, either when we take instructions, or when you are ready to sign your will. This helps us to ensure that you are happy with the contents of the will, and that it is correctly witnessed. We will keep a copy of the will for you free of charge.
If you are in hospital or find it difficult to leave home, we can arrange to visit you, at an extra charge.
Can you help me if I want to challenge someone else's will?
If you believe that you have a claim against someone else's estate, or that their will is invalid, you can make a claim against them. Our litigation department handles claims of this sort. Click here for more information.
What is a living will?
Some people are recording their wishes about what should happen to them if they become too ill to make decisions for themselves about how their lives should be run. No one can request that their life be ended, but they can state whether they want to stop treatment that could delay their death, or have treatment that would reduce their suffering but might bring an inevitable death sooner. They would nominate a person to administer this living will on their behalf.
A living will is not currently a legally binding document, but the wishes expressed in them have sometimes been followed.
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