Will Writing

07811 899537

linda@pomwills.co.uk

We probably all understand that we should have a Will but the reality is that most of us don’t have one. In fact, it’s suggested that around two thirds of the population in England & Wales don’t currently have a valid Will in place.

Making a Will is the only way to ensure that your wishes are carried out after your death. If you have not made, or do not have a valid Will, your property will pass according to the Law of Intestacy. This may not be what you would have wished. In any event it is likely to take Longer to finalise than if you had made a Will. During this time your beneficiaries may not be able to draw any money from your estate and it can lead to disruption and distress for your relatives.

Single Will: £250
Mirror Will: £300
Mirror Will and Right to Reside or occupy £700
Mirror Will & Protective Property Trust (PPT) + Severance: £750
Single Package: Single Will + 2 Power of Attorney (POAs): £600
Couple Package: Mirror Will & Protected Property Trust (PPT) + Severance + 4 Power of Attorney (POAs): £1,400

Please Note: Secure Storage of Documents is Available with the Will Society at £20 per annum for a single person and £30 per annum for a couple.

Why Should I Make A Will?

If You Are Single

You might want your estate divided amongst friends, relatives and charities of your choosing and in the Proportions you want.

If You Are Married

Don’t assume “my other half will get everything”. Brothers, sisters or parents may have a claim. Often your children have a right to part of your estate. If you are living as a couple but not officially married, you may be treated as a single person and a surviving partner may get nothing at all. One thing you can be certain of — there will be arguments and disputes at a time when the family should be coping with the loss of a loved one.

If You Are A Parent

You should consider who you would like to look after your children in the event of your death. This is particularly important in the case of single parent families or unmarried parents living together. A valid Will nominating guardians is invaluable in such cases. If no one knows what you would have wanted, the Court will decide on the future of your children, and it may not be what you or your children would have wished.

If You Are Retired

Maybe you made a Will a long time ago. It probably needs updating to include additional grandchildren or deletion of persons you no longer feel you wish to leave anything to.

Will Writing Frequently Asked Questions

In today’s busy and more complicated world, making a Will as part of your planning has never been so important. Greater wealth and more complex family arrangements can mean at a time when the family should be mourning a loss loved ones are having to concentrate on sorting out matters that could have been dealt with in advance.

Here we have compiled a list of some of the most frequently asked questions and we hope you will find the answers to your questions. If you can’t find an answer to your question, please contact us.

A will is a legally binding document where you state your instructions for how your estate should be distributed when you pass away. They may also be used to appoint guardians to take care of your minor children, and executors to manage your estate on death.

If you die without a will in place the ‘rules of intestacy’ will apply. This will mean that your estate will be distributed according to a strict order depending on the value of your estate and which family members survive you. This may mean that your assets end up passing to people who you’d prefer not to inherit from you!

If you are unmarried then your partner will not inherit anything from you without a will in place.

If you have minor children and there is no surviving parent then social services will decide where to place your children, as no guardian will have been appointed.

To make a will you must be over 18 and have ‘testamentary capacity’. This is the mental capacity to understand and make a will. You must be able to understand:

The nature and effect of making a will
The size and nature of your estate (what you own)
Any moral claims that you ought to give effect to i.e. the claims that any family members may have on your estate.

You must also not be suffering from any mental disorder that effects your ability to make a will.

As long as you have testamentary capacity you are free to change or revoke your will as you please. We recommend that you review your will every 3-5 years or on certain life events such as marriage, divorce, birth of children, death of any beneficiary, or if your financial situation changes.

Mirror wills are two separate wills usually made by a couple. These wills are reciprocal and usually appoint the same executors and make the same gifts – they ‘mirror’ each other. If you and your spouse make wills leaving everything to each other and then on to your children these would be simple mirror wills.

Will writing is not a reserved legal activity, so you don’t have to instruct a solicitor to draft your will. You can draft your will yourself, though we don’t recommend this as there is a lot that can go wrong and leave you without a valid will if you don’t take professional advice.