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For legal advice on any aspect of will, trusts, probate or estate administration, contact our team of specialist wills and probate solicitors by using info@shortlands.co.uk or call us 02076299905 or book an initial online consultation.
Here are the answers to some of our most frequently asked questions. Make sure you contact us if you need more information or an answer to a specific question.
A Will is a legal document that allows you to specify what happens to your person, possessions, property and finances after you die. This is a very important document for people to have, since, if you do not organise your own assets before your death, the government will be free to decide what happens.
If you have property, possessions or money and you would like to specify who that money goes to, you will need a Will in order to do so. If you don’t have a Will, the government will be able to decide how your assets are distributed, and if you don’t have living relations for the government to divide your assets amongst, it may go to the Crown.
An executor is a person who distributes your estate after you have died. It is common to have between 2 and 4 of these people, and you should inform them beforehand since the role has a lot of responsibility and requires a high level of trust.
It is not compulsory for a solicitor to write your Will. It may be cheaper for you to write it on your own, and this is an option increasing in popularity. However, we always recommend getting the support of a solicitor during the Will writing process, as it is an important legal document, and careful wording is necessary to ensure that your meaning cannot be misconstrued after your death.
A Will can often seem like something that is mostly required for older people, or perhaps even after retirement. But this isn’t necessarily true. If you are young and you own property or have other types of assets, it is important to specify what you want to happen in the event of an untimely death. This is especially important if you have children, as you are able to specify things like a Guardian. This means that if you die before your children reach 18 years old, you know who will look after them.
Anyone over the age of 18 can create a Will. You need to be making it voluntarily and be sound of mind in order to make a Will, and it must be in writing.
There are many things that people can include in their Will to leave instructions for. It is often recommended to include a list of all the assets you intend on sharing at the beginning of the Will, and then specifying who gets what. Potential things to list in a Will include:
A beneficiary is the name of someone who will be listed in your Will as a recipient of some part of your estate.
A witness is someone who is present to witness the signing of the Will. The witness cannot be a beneficiary of the Will. They must be over the age of 18, and there must be at least 2 Witnesses to the signing of a Will.
Wills are very important documents that need to be stored carefully to prevent loss or damage, therefore we do not recommend people storing them in their own homes. Your solicitor’s office will be willing to look after your Will for you and any other copies should be stored in a safe and secure place. You should inform your executors of this location.
You should review your Will around once every 5 years to ensure that everything is still the same and you still agree with what is written. Also, if you have a big life change, like purchasing property, moving, marriage, divorce, etc. then you should review your Will to reflect these changes to your situation.
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