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Making a Will is essential for protecting your family’s future and ensuring your wishes are followed after your death. Without one, your estate will be distributed according to intestacy laws, which may not align with your intentions.
What are wills?
A Will is a legal document that outlines how you want your assets (property, money, possessions) to be distributed after your death. It also allows you to:
- Appoint executors to manage your estate.
- Name guardians for your minor children.
- Specify funeral arrangements.
- Make gifts to charities or individuals.
What makes a will legally binding?
To write a legally valid Will, you must meet these requirements:
- The person making the Will (the testator) must be of sound mind and understand the nature of their assets and the implications of their decisions.
- The Will must be made freely and without pressure or coercion from anyone else.
- The Will must be in writing.
- The Will must be signed by the testator in the presence of two independent witnesses, who must also sign the Will.
Having a will professionally drafted by a solicitor provides peace of mind knowing your affairs are in order and your loved ones are protected.
Why do I need a solicitor for writing a will?
While DIY Will kits or online templates might seem like a cheaper option, using solicitors for wills offers several crucial advantages:
Legal Expertise
Our solicitors ensure your Will is legally valid and complies with all relevant legislation, minimising the risk of disputes or challenges after your death.
Personalised Advice
We provide tailored advice based on your specific circumstances, including complex family situations, business assets, or inheritance tax planning.
Reduced Risk of Errors
Even small errors in a DIY Will can lead to significant problems during probate, causing delays, stress, and additional costs for your loved ones.
Peace of Mind
Knowing your Will has been professionally drafted to be legally sound offers invaluable peace of mind.
A valid Will should include:
- Identification of the testator: Full name and address.
- Appointment of executors: The people responsible for administering the estate.
- Distribution of assets: Clear instructions on how assets should be divided.
- Guardianship of minor children (if applicable): Naming guardians to care for children under 18.
- Signature and witnessing: As mentioned above, proper signing and witnessing are essential.
What services do our solicitors for wills provide?
SB Lawyers provide a comprehensive range of will writing services, including:
Will drafting and review
We'll work with you to create a clear and legally sound Will that reflects your wishes.
Inheritance tax planning
We can advise you on strategies to minimise inheritance tax liabilities.
Will storage
We offer secure storage for your Will to prevent loss or damage.
Lasting Power of Attorney (LPA) advice
We can also advise on and prepare LPAs, which allow you to appoint someone to make decisions on your behalf if you lose mental capacity.
How much does it cost to get a will?
The cost of preparing a Will can vary depending on the complexity of your circumstances.
Can you change your will?
Yes, you can change your Will at any point during your lifetime, as long as you have the mental capacity to do so. This can be done by creating a codicil, which is a separate legal document that amends or adds to your existing Will.
It's advisable to review and update your Will after any significant life event, such as:
- Marriage or civil partnership.
- Divorce or separation.
- Birth or adoption of a child.
- Death of a beneficiary or executor.
- Significant changes in your assets.
If you want to make substantial changes to your Will, it's often best to create a new Will rather than several codicils, to avoid confusion. Our solicitors can advise on the best approach.
How can marriage, civil partnership, or divorce affect a Will?
Marriage or civil partnership automatically revokes any existing Will unless it was made in contemplation of that specific marriage or civil partnership.
This means that if you marry or enter a civil partnership without making a new Will, your estate will be distributed according to intestacy rules (that may mean everything goes to your spouse).
Divorce or dissolution of a civil partnership does not automatically revoke your Will. However, it treats your former spouse/civil partner as if they had predeceased you. This means they will not inherit anything under your Will.
If you marry or enter a civil partnership and fail to make a new Will, intestacy rules will apply. These rules may not distribute your estate in the way you would have intended, potentially leaving your relatives with less than you would have wished.
Similarly, if you divorce and don't update your Will, your former spouse will be excluded, but your Will may not reflect your current wishes regarding other beneficiaries.
Finding solicitors for wills near me
If you're searching for solicitors for wills near you, SB Lawyers provides expert local Will-writing services to clients in the Cardiff and South Wales area. We also offer remote will services throughout England and Wales.
We offer flexible appointment options, including in-person, telephone, and video consultations.
Get no-nonsense legal advice from our SRA-regulated solicitors with over 54 years of combined specialist experience in Wills and probate. SB Lawyers offer a client-centric approach to family law and inheritance. Contact us for a free consultation.