Frequently Asked Questions about Wills under UK Law

Why You Need a Will

Creating a Will is essential because it provides clarity and direction for the distribution of your estate. Without a Will, your assets will be distributed according to the rules of intestacy, which may not align with your wishes. Additionally, having a Will can minimize potential conflicts among surviving family members.

Who can make a Will?

In the UK, anyone over the age of 18 who is of sound mind can make a Will. Being of sound mind means you understand the nature of making a Will, the extent of your property, and the claims to which you should give effect.

What should I include in my Will?

Your Will should include the following:

·       Details of your assets and how you want them distributed

·       Names of the executors who will manage your estate

·       Names of guardians for any minor children

·       Instructions for any specific funeral arrangements

·       Provisions for the care of any pets

How do I make a Will?

To make a Will, you can either use a solicitor, a professional Will writer, or opt for a DIY Will kit. While DIY kits are cheaper, using a professional ensures that your Will is legally sound and appropriately reflects your wishes.

What makes a Will valid?

For a Will to be valid in the UK, it must meet certain criteria:

·       It must be in writing

·       It must be signed by you in the presence of two witnesses

·       The witnesses must also sign the Will in your presence

·       Witnesses must be independent and not beneficiaries of the Will

Can I change my Will?

Yes, you can change your Will at any time as long as you are mentally capable. Changes can be made through a codicil, a separate document that amends the Will, or by making a new Will which revokes the old one.

What happens if I die without a Will?

Dying without a Will means your estate will be distributed according to the rules of intestacy. These rules prioritise spouses, civil partners, and close blood relatives, potentially ignoring friends, charities, or other individuals you may have wished to benefit.

What is an executor?

An executor is a person appointed in your Will to manage your estate after your death. Their duties include collecting assets, paying debts, and distributing the estate according to your Will. Executors can be family members, friends, or professionals like solicitors.

Do I need to appoint a guardian for my children?

If you have minor children, it is crucial to appoint a guardian in your Will to ensure that someone you trust will take care of them. Without a named guardian, the court will decide who takes care of your children, which may not align with your preferences.

How are my debts handled in my Will?

Your debts must be paid out of your estate before any assets are distributed to your beneficiaries. This includes mortgages, loans, credit card debts, and any other liabilities. The executors are responsible for ensuring all debts are settled.

Can I leave gifts to charities in my Will?

Yes, you can leave gifts to charities in your Will. These gifts can be a specific sum of money, a particular asset, or a percentage of your residuary estate. Charitable gifts can also provide tax benefits by reducing the inheritance tax liable on your estate.

Do I need a solicitor to make a Will?

While it is not mandatory to use a solicitor to make a Will, it is highly recommended. A solicitor can ensure that your Will is legally valid, accurately reflects your wishes, and helps avoid any potential disputes after your death.

How can I store my Will?

You can store your Will in a safe place, such as with your solicitor, a bank, or a secure document storage service. It is important to inform your executors where your Will is stored so they can access it when needed.

Can my Will be contested?

Yes, a Will can be contested by those who believe they have not been adequately provided for. Common grounds for contesting a Will include claims of inadequate provision under the Inheritance (Provision for Family and Dependants) Act 1975, or challenges based on undue influence, lack of capacity, or improper execution.

Do I need to update my Will?

It is important to review and update your Will, especially after significant life events such as marriage, divorce, the birth of a child, or the acquisition of substantial assets. Regular updates ensure that your Will accurately reflects your current wishes and circumstances.

 Call, Thej Pinidiya, Solicitor on 079 56 35 26 73 for a no-obligation free consultation