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wills & will writing
A Will is the foundation of any estate plan. It sets out how your assets should be distributed after you pass and helps ensure your wishes are respected, your loved ones are protected, and unnecessary stress and expense are avoided at a difficult time.
A correctly prepared Will provides clarity, reduces the risk of disputes, and can form part of a wider plan to manage inheritance tax and protect family wealth.
Your Will is a legal document that records who you want to benefit from your estate and how those assets should be shared. There are different types of Wills, including Single, Joint, and Mirror Wills, and choosing the right structure is just as important as having a Will in place.
Without a valid Will, your estate is distributed according to the laws of intestacy, which may not reflect your wishes and can result in delays, additional legal costs, and loved ones being unintentionally disinherited.
Speak to our team to understand which type of Will may be right for you.
Without a Will, the law decides
The absence of a will means your assets will be distributed in accordance with the laws of Intestacy. These may not reflect your own personal wishes or circumstance and could see your assets in the wrong hands or family members becoming disinherited.
Avoid unnecessary delays and expense
Losing a loved one is difficult for any family and without a correctly prepared Will the family may find themselves with complex legal processes in order to complete your affairs and this will take considerably longer and incur expensive legal fees.
Your circumstances change, your Will should too
Its important Wills are reviewed regularly to ensure they reflect your wishes and remain valid.
Often families' circumstances can change, such as the birth of a grandchild or the passing of a beneficiary therefore its important the Will is kept up to date.
Choosing the Right Type of Will
Many people assume that a Joint or Mirror Will is the simplest solution. While these Wills can be suitable in some situations, they can also lead to unintended consequences and financial loss if not carefully planned.
For example, passing all assets to a surviving partner on first death may expose the estate to:
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Care fee assessments
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Relationship breakdown
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Generational inheritance tax
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Sideways disinheritance
Taking advice ensures the structure of your Will supports your wider estate planning goals.
Probate and Legal Considerations
Currently, most estates valued over £5,000 require probate. Where no Will exists, probate can be more complex, time-consuming, and costly. A clearly drafted Will helps reduce delays and ensures your estate is administered in line with your wishes.
Inheritance Tax Considerations
While a Will alone does not eliminate inheritance tax, it can play an important role in managing tax liabilities. When combined with trusts or wider estate planning, a correctly structured Will can help reduce unnecessary tax and preserve more of your estate for your beneficiaries.
Do I need a will?
Having a Will ensures that your wishes are clearly recorded and legally recognised after your death. Without a Will, your estate is distributed according to the laws of intestacy, which may not reflect your personal wishes or family circumstances.
Many people assume their assets will automatically pass to a spouse or children, but this is not always the case. Unmarried partners, step-children, and other loved ones may receive nothing. The absence of a Will can also make the probate process more complex, time-consuming, and stressful for your family.
Who should witness my Will?
Choosing the right witnesses is an important part of ensuring your Will is valid. Your witnesses must be independent adults of sound mind and must not benefit from your Will, nor be married to or in a relationship with someone who does.
Witnesses are required to be present when you sign your Will and must then sign it themselves. Using inappropriate witnesses can invalidate parts of the Will, so taking professional guidance helps avoid costly mistakes.
What is the difference between a Will and a Trust?
A Will sets out how your assets should be distributed after your death. It is a statement of your wishes and only takes effect once you have passed away.
A Trust, by contrast, is a legal structure that can offer greater control and protection. Trusts can operate during your lifetime or after death, may help avoid probate, and can safeguard assets from risks such as relationship breakdown, claims against an estate, or generational inheritance tax.
In simple terms: a Will is a wish, a Trust is law. The right approach depends on your personal circumstances and long-term goals.
What is Probate? What does it cost? How long does it take?
Probate is the legal process of administering a deceased person’s estate. It involves confirming the validity of the Will (if one exists), valuing the estate, settling debts and taxes, and distributing assets to beneficiaries.
The cost and timescale of probate vary depending on the size and complexity of the estate, whether a Will is in place, and whether professional assistance is used. Probate can take several months and, in some cases, much longer. Clear planning and well-prepared documents can help reduce delays and unnecessary costs.