Introduction
Planning for the future is essential, and a legally sound Will is the cornerstone of any comprehensive estate plan. While discussing end-of-life matters can be sensitive, taking proactive steps ensures your wishes are respected and your loved ones are protected from potential complications and disputes.
Without a valid Will, the distribution of your assets is determined by strict intestacy laws, which may not align with your intentions. This could lead to unintended beneficiaries inheriting your estate, while those you care most about might be left without provision. Furthermore, the absence of a Will can significantly delay the administration process and increase costs for your family.
Our expert Will writing service provides clarity and peace of mind. We guide you through the process, ensuring your Will accurately reflects your desires and complies with all legal requirements.
Why is a Professionally Drafted Will Crucial?
- Appoint Guardians: Designate trusted individuals to care for minor children.
- Choose Beneficiaries: Clearly state who inherits specific assets or shares of your estate.
- Select Executors: Appoint reliable people to manage your estate administration.
- Specify Funeral Wishes: Outline your preferences for funeral arrangements.
- Minimize Inheritance Tax: Structure your Will to potentially reduce tax liabilities.
- Protect Vulnerable Beneficiaries: Set up trusts within your Will for beneficiaries who need support.
- Prevent Family Disputes: Avoid ambiguity and reduce the likelihood of conflicts.
Our Comprehensive Will Writing Process
- Personal Consultation: We take the time to understand your unique family situation, assets, and wishes.
- Expert Drafting: Our experienced legal professionals draft your Will with precision.
- Clear Explanations: We ensure you understand all legal terms and implications.
- Guidance on Appointments: Advice on selecting suitable Executors and Trustees.
- Secure Storage Solutions: Options available to keep your important document safe.
- Regular Review Reminders: We recommend reviewing your Will every 3-5 years or after significant life events (marriage, divorce, birth of children, property purchase).
Frequently Asked Questions
Can family members witness your Will?
A family member can witness your Will, but we always arrange two independent witnesses instead. Your signature must be witnessed by two people who are over 18, have the mental capacity to understand what they are witnessing and are able to see you sign, so a blind person cannot act as a witness. A beneficiary, or the spouse or civil partner of a beneficiary, is not prevented from witnessing, but if they do, they lose their gift under the Will even though the Will itself remains valid. Using witnesses with no interest in your estate avoids that outcome entirely.
How many Executors can I appoint?
You can name as many Executors in your Will as you wish, but no more than four of them can take the grant of probate at any one time. We generally recommend appointing at least two Executors to ensure continuity if one is unable or unwilling to serve. Having only one Executor creates risk if they predecease you or become incapacitated. Naming a substitute Executor is a sensible precaution, and we talk you through who to choose.
What is the role of an Executor?
An Executor is legally responsible for administering your estate according to the terms of your Will. Their duties include: registering the death, applying for probate, gathering and valuing all assets, settling outstanding debts and taxes, arranging the funeral, and distributing assets to beneficiaries. The complexity of these responsibilities varies depending on the estate's size and composition, which is why choosing reliable Executors is critically important.
What is the difference between an Executor and a Trustee?
An Executor manages your estate immediately after death, handling tasks like probate applications, debt settlement, and initial asset distribution. Their role typically concludes once the estate is settled. A Trustee has longer-term responsibilities, managing any ongoing trusts established in your Will, potentially for many years. While the same person can serve in both roles, the Trustee's duties continue well after the Executor's responsibilities end.
Is storage of my Will important?
Your Will is a very important document both for you and your family. As such, it should be kept safely and securely and your Executors should be kept informed of its location at all times. At AIB, we offer safe and secure storage at a very competitive price. We will issue you with a Storage Certificate containing a unique number to enable your Executors to retrieve the document simply and quickly.
Can I make changes to my Will in the future?
The simple answer is yes and there are many ways of making those changes, depending on the nature of the change you wish to make. Major changes may require a complete rewrite of your existing Will while more minor changes can be dealt with by preparing a Codicil or Memorandum of Wishes. Remember a Will is a Legal document, and so is a Codicil.
A relative is contesting the will, can you still help?
Yes. Where relatives are unhappy, are questioning the will or are pressing you for updates, we step in as the point of contact so the pressure is not landing on you. We keep a clear record of every decision and every figure, we explain to relatives what the executor can and cannot do, and where a dispute needs a solicitor's involvement we work with a local solicitor so that side is covered too. Call us on 0800 048 7320 and tell us what is happening.
Will a Personal Injury Trust protect my benefits?
It protects them going forward if it is set up in time. Savings above £6,000 can reduce entitlement to means-tested benefits and £16,000 or more usually ends it. A 52-week disregard period runs from the date of your first compensation payment, and after that window money you still hold personally counts as capital. Benefits lost before a Personal Injury Trust is created cannot be reclaimed, so the sooner you speak to us after a settlement, the better.
Will a Vulnerable Persons Trust affect benefits or care funding?
That is precisely what it is designed to avoid. Because the funds belong to the trust rather than to the beneficiary, they are generally left out of means-tested assessments, so support such as Universal Credit or local authority care funding is not put at risk. Where the conditions are met, a trust for a disabled person can also qualify for special tax treatment. The rules are detailed, so we look at the individual circumstances before recommending anything.
What is an Advance Decision, or living will?
An Advance Decision, sometimes called a living will, records the medical treatments you would want to refuse if you later lose the capacity to say so yourself. In England and Wales it is legally binding on the clinical team when it is valid and applies to the situation you are actually in. It is about refusing treatment rather than requesting it, and it only takes effect once you cannot make or communicate the decision.
What is a Life Interest Will?
A Life Interest Will, also called an immediate post-death interest or IPDI, leaves your share of the estate in trust rather than outright. The survivor keeps the right to benefit from it for life, typically by living in the home or receiving the income, and the capital is preserved for the final beneficiaries you have chosen, usually your children. It is a common answer for second marriages, where you want to look after your partner without disinheriting your own children.
How is a Life Interest Will different from a Property Protection Trust?
A Life Interest Will is the will structure that creates the trust, and it can cover the home, investments or both. A Property Protection Trust is the specific arrangement we use to protect a half share of the family home, which normally also involves severing a joint tenancy so each half can be dealt with separately. Many clients end up with both, and we explain which one does what before anything is drafted.
Working alongside a local solicitor
We work with a local solicitor and are able to cover any and all of your requirements. If in doubt, call us on 0800 048 7320 and ask, or use the contact form on our home page.
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Learn MoreReady to Create Your Will?
Ensure your wishes are known and your loved ones protected. Contact us today.
