Wills
Creating a will is one of the most important decisions you can make in your lifetime as it ensures that your wishes are carried out after your passing.
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Creating a will is one of the most important decisions you can make in your lifetime. It ensures that your wishes are carried out after your passing, and your loved ones are taken care of.
Making a Will
Many people find the process of making a will daunting, but it doesn’t have to be. Here’s a step-by-step guide to help you understand how to make your will:
1. Choose an Executor: The first step in making a will is to select an executor. This person will be responsible for administering your estate according to your wishes. It’s essential to choose someone you trust and who is willing to take on this responsibility.
2. List Your Assets and Debts: Make a comprehensive list of your assets, including property, savings, investments, and personal possessions. Additionally, list your debts, such as loans or mortgages. Having a clear picture of your financial situation is crucial.
3. Decide on Beneficiaries: Determine who will inherit your assets, whether it’s family members, friends, or charities. Be as specific as possible, and consider any conditions or special instructions.
4. Appoint Guardians: If you have children who are minors, you should appoint a legal guardian in your will to ensure their care and well-being.
5. Consult a Solicitor: While you can write your will without professional help, it’s advisable to consult a solicitor who specialises in wills. They can guide you through the process, ensuring that your will is legally sound and covers all necessary aspects. Our specialist Solicitors are able to guide you through your will-making and draft your will for you.
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6. Witness and Sign the Will: For a will to be legally valid, it typically requires the signature of the person making the will (the testator) and the signatures of two independent witnesses. These witnesses should not be beneficiaries or closely related to the testator.
7. Store Your Will Securely: Once your will is signed, it’s essential to store it in a secure place, such as a safe deposit box or with your solicitor. Make sure your executor knows where to find it. Our clients can store their wills at our AMH Solicitors office.
Writing a Will
Writing a will involves the legal process of expressing your intentions regarding the distribution of your assets after your death. Here’s a closer look at some key elements of writing a will:
1. Legal Requirements: To ensure your will is legally valid, it must meet specific criteria. It should be in writing, signed by the testator, and witnessed by two independent adults who are not beneficiaries. Failing to meet these requirements can lead to disputes and complications.
2. Executor’s Role: Your will should name an executor responsible for carrying out your wishes. This person will oversee the distribution of your assets and ensure that your debts and bills are paid.
3. Asset Distribution: Specify how you want your assets to be distributed. You can leave specific items to individuals, distribute your estate among multiple beneficiaries, or leave a portion to charitable organizations.
4. Residuary Estate: Your will should address what happens to any remaining assets (the residuary estate) after specific bequests. This ensures that no assets go unaccounted for.
5. Funeral and Burial Wishes: You can use your will to express your preferences for your funeral or burial arrangements. While this is not legally binding, it can guide your loved ones in making these decisions.
6. Inheritance for Minors: If you have minor children, your will should appoint a guardian to care for them in the event of your death. Additionally, consider establishing trusts to manage their inheritance until they reach a certain age.
Are Wills Public Records?
A common concern is whether wills are public records, open for anyone to access. In the UK wills are not public records and remain confidential.
1. Disclosure upon Death: In most cases, a will becomes public record only after the testator’s death. This allows interested parties to check whether a will exists and to access its contents.
2. Estate Probate: When a will goes through the probate process, it becomes a public document. Probate is the legal process of validating and executing a will. During this process, the will is filed with the court and becomes part of the public record.
A Letter of Wishes Will Not Become Public
The thought of your Will becoming a public document upon your passing might be a source of concern, especially when there are aspects you’d rather keep private.
Fortunately, there’s a solution to this concern, which involves accompanying your Will with a Letter of Wishes. This letter, authored by you, can be directed to your Executors, beneficiaries, or anyone else you wish to convey your posthumous desires and thoughts to.
In contrast to a Will, a Letter of Wishes lacks legal binding and maintains its confidentiality.
To maintain the confidentiality of your will, you can consult with our solicitors at AMH Solicitors to ensure it is executed and administered according to your wishes.
Can Wills Be Changed?
Life is full of changes, and your will should be flexible enough to accommodate them. Here are some important points to consider when it comes to changing your will:
1. Codicils: If you need to make minor changes to your will, you can do so by adding a codicil. A codicil is a legally binding document that amends your existing will. It must meet the same legal requirements as the original will, including witnesses.
2. Revoking and Replacing: Another option is to revoke your existing will and create a new one. This is often a better choice when making significant changes or if you’ve experienced major life events, such as marriage, divorce, or the birth of a child.
3. Consult a Solicitor: When making changes to your will, it’s advisable to consult with a solicitor to ensure that the amendments are made correctly and in compliance with legal requirements. Our specialist Solicitors are here to assist you with this.
4. Destroy Old Wills: If you create a new will or codicil, be sure to destroy any old versions to avoid confusion. The most recent valid will or codicil will be the one upheld by the court.
Need further advice? Contact us now to book arrange a discussion with a specialist will writing solicitor.
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