FAQs
We have put together a few of the frequently asked questions related to the services we offer, if you have any further questions please call us on 01270 757658.
Wills & Probate
- Q. What is a Will?
A Will is a written document containing directions on how the assets of the person making the Will shall be divided on his/her death. The Will must be executed in accordance with the laws of the country in which the person making the Will resides, otherwise it is invalid.
- Q: Can anyone have a Will?
Only a person over the age of 16 years may make a Will. Once you are over this age, you can decide to have a Will, regardless of your marital status and asset value.
- Q: Why is it important to have a Will?
If a person dies without leaving a Will, or if the Will is not valid for any reason, the beneficiaries will be determined according to legislation - the Law of Intestate Succession. Essentially, the law determines who the closest blood relatives are and distributes the assets in terms of this.
Each situation will be different, but the important point to note is that a family member you may never have chosen to inherit from you could end up with all your assets. In addition, if you live with someone, but aren't married to the person, the law will not recognise your partner as the beneficiary of your estate if you haven't left a Will naming them as beneficiary.
- Q: When should you review your Will?
Your Will should be reviewed periodically, especially when there has been any change in your status or circumstances, or those of your beneficiaries, such as marriage, divorce, the birth of a child, etc. Another good time to review your Will would be after any changes in legislation that could affect your estate.
- Q: What do you need to tell others?
In order to ensure that the wishes expressed in your Will are put into effect at the time of your death, your family and friends should know the following:
- Whom you have nominated as your executor
- That your executor should be notified immediately in the event of your death
- The whereabouts of your Will
- Your wishes regarding funeral arrangements
- Whom to contact if you wish to donate organs or tissues
- Q: Should you draft your own Will?
You should always seek expert and professional advice when you want to draft or review your Will. Attempting to draft the Will yourself could result in the Will being invalid, or could cause unintended consequences due to incorrect wording used, or the incorrect signing procedure.