Making Wills

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Making a Will

The Satirist Francois Rabelais wrote his will in 1550:

“I have no available property, I owe a great deal, and the rest I give to the poor”

He shows us that a will is first and foremost about directing money and property (your estate) after death and about providing for others when we are not around any more to do so. A will carries a lot of power and choice and it is important because if you do die without a Will the general law, not you, decides how your estate (your property and money) is shared out:

If you are unmarried or outside a civil partnership you cannot leave your estate to your partner unless you make a Will. The law does not recognise, at the present time, the idea of a “common law spouse”.
If you are a married person or a civil partner, your surviving spouse or civil partner will not necessarily get everything. The legal rules which apply are ungenerous to them.
If you are a parent, then your children may be left alone without legal guardians of your choice.

Making a Will allows you to:

reduce the burden on your family and fulfill your wishes by ensuring that the people of your choice inherit your property and money. Remember that you can only leave your property to a friend, or to a partner who is not a civil partner, or to a charity, by making a Will
appoint guardians to look after your children, say who should look after their inheritance and how it should be invested. You can also state at what age a child should inherit the capital. It is vital to manage a child’s inheritance until they are able to manage it sensibly themselves and this may often be at an age beyond 18 years.
appoint executors to administer your estate. If you do not make a Will, this task falls on your next of kin who may not want or feel able to undertake the work involved.
say what you want to happen to your body.
make gifts of items which are important to you or to your family
make tax free gifts

Do I need a Solicitor to write my Will?

A will is a powerful and serious legal document which must be properly written. There are many hidden pitfalls and mistakes which can result in expensive and unintended consequences. Simple words can be ambiguous and must be tested against the law which governs the subject. Solicitors provide safeguards: they study the law of wills and know how to put your wishes into legal effect. As far as possible they will make sure that your will can stand the test of time and they carry a professional insurance to protect you in the event of mistake.