Why make a Will in the first place?
To ensure everything you own is shared out to the family, friends and charities you wish to benefit, in a way you wish them to benefit.
Without a Will or without an effective Will, you leave the people you love the most with additional stress to cope with.
To ensure someone you trust acts on your behalf.
To save tax. A well drafted Will can substantially reduce taxes payable on your death.
To ensure the welfare of children under the age of 18 years.
I have a Will so why is it necessary to consider a new Will?
Intestacy or Partial Intestacy
If you die without a Will or without an effective Will then you will be considered to have died intestate. This can cause your family and friends additional stress and upset at a time when they are emotionally strained. You could leave your family a disastrous and monumental problem to have to face not only in dealing with the loss of a loved one but also in trying to decide who will deal with your estate and what your intentions were. In England and Wales the rules of intestacy define how your estate will be distributed if you do not have a valid Will.
If you have a Spouse and children then your Spouse will receive the first £250,000.00 outright with a life interest in the remaining amount of your estate which is ultimately on trust for your children.
Anybody who believes they have an entitlement to a share in your estate either because they are a relative or because they have been dependent upon you is able to instigate a claim against your Estate under the Inheritance (Provision for Family and Dependants) Act 1975. These claims will be dealt with through the courts at great expense and the process could take a number of years before it is resolved. Whilst any claims are being dealt with the Administrators/Executors are unable to distribute the estate. As the cost of defending any claims is met by the estate then it is also possible that the estate could be depleted by the resulting legal costs.
The situation becomes even more emotional when children under 18 years are involved. Although all final decisions concerning children will be approved by social services if an indication has been made within your Will as to whom you wish to appoint as the guardian of your children, this will be taken into consideration and will make the whole process smoother. If there is no indication, then potentially there could be a long custody battle and your children may be placed into care by the local authority until a decision is made. A custody battle through the courts could take many months and costs can exceed £30,000.00. Family members will more often than not follow wishes expressed in the Will which could avoid these problems.
Is a Spanish Will still necessary?
Preparing a Will
We can help. The Wincham Executor & Trustee Company Ltd provides a professional Will writing service for new and existing clients. Our legal department has all the expertise you need to prepare a Will that is suitable and fit for the purpose. We also offer an Executor service to help with Probate and the form filling and bureaucracy involved when an individual passes away. You and your family can continue to enjoy the future in the knowledge that all your affairs are completely taken care of. You can buy cheaper on the web, but we do not recommend these.
Estates are too important to have everything reduced to a simple and standard common denominator, and a Will intended as a catchall may not catch anything if individual circumstances are not established and properly catered for in the Will. A Will is an important document and can affect people’s lives. Wincham Executor & Trustee Company Limited provide a bespoke Will service which supplies a considered and appropriate tailor made Will prepared at an affordable price. You may think you know what you need in a Will, but the help and advice offered by Wincham quite often leads to clients re-appraising their Wills.
The most important part of the process is the estate planning as work may need to be undertaken now to provide the best outcome later and you cannot always rely on the contents of the Will. That is what you are paying for and that is what makes the difference in the end – Wincham Wills really are fit for the purpose.
Wincham Executor & Trustee Company Ltd will prepare standard Individual Wills for £300, or standard Mirror Wills for £420. The price includes a free appraisal service and a Wills signing and witnessing service at our offices.
It also includes a free Will Safe Storage facility in a fire proof facility. If you cannot find the type of Will or service you require on our Cost Guide at www.winchamwills.com then please call me on 01260 299 700 for a free quotation. Make a Will now (and keep it up to date), because: ‘Wealth without wisdom becomes worthless’