Expert Will Writing Solicitors
A well-drafted Will is crucial to ensure that your estate assets are distributed as you desire. Our Will writing service offers clear and straightforward guidance from start to finish, giving you a Will that’s perfect for you.
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Your Will is a legal document outlining how your estate is distributed upon your death. Among other things, it allows you to specify beneficiaries, executors, and wishes regarding funeral arrangements and guardianship.
A clearly drafted Will ensures a smooth inheritance for beneficiaries. Combined with tax planning, it can mitigate inheritance tax and protect assets for future generations. In some instances, we may be able to incorporate trust structures, which could potentially ‘ring fence’ assets and this is particularly beneficial when carrying out care/nursing home fee planning for couples.
Though planning for after death is daunting, it minimises burdens for loved ones, particularly if you have a partner, children, or dependants. Get in touch with our Will writing solicitors today to protect your future.
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Do I need a Will?
Whether or not you need a Will in the UK depends entirely on your personal circumstances and what you want to happen to your assets after you die. Legally, there’s no requirement to have a Will. However, there are many situations where having a Will is highly recommended and can prevent significant problems for your loved ones.
Here’s a breakdown to help you decide.
You should strongly consider a Will if:
- You have assets you want to leave to specific people: Without a Will, the law (intestacy rules) dictates who inherits your estate, and it might not be who you’d choose.
- You are not married or in a civil partnership: If you’re cohabiting but not legally married, your partner won’t automatically inherit anything unless you have a Will.
- You own a house or other property: Owning a house makes a Will particularly important, as it dictates who will inherit this significant asset. Without a Will, intestacy laws may not distribute your property as you intend.
- You want to provide for children from a previous relationship: Without a Will, it can be more complicated to ensure they receive what you want them to have.
- You have complex family relationships: Stepchildren, estranged relatives, or other non-traditional family situations can make intestacy rules difficult.
- You want to appoint specific guardians for your children: A Will allows you to name who you want to care for your children if you die before they reach 18.
- You want to choose your executors: This allows you to decide who will manage your estate, rather than leaving it to the courts to decide.
- You want to make specific gifts or bequests: You might want to leave specific items (jewellery, artwork, etc.) to particular people or charities.
- You want to minimise inheritance tax: While a Will itself doesn’t directly reduce inheritance tax, it allows for tax planning to be implemented.
- You own a business: A Will is essential for planning the succession of your business interests.
- You want to exclude someone from inheriting: You can’t completely disinherit a spouse or civil partner, but you can make specific provisions to limit their inheritance.
- You want to create a trust: A Will allows you to establish trusts for various purposes (e.g. for children’s education or for disabled beneficiaries).
What happens if you don't have a Will in the UK?
Dying without a valid Will in the UK means that your estate is subject to the rules of intestacy. Under these rules, a surviving spouse or civil partner may not necessarily inherit your entire estate. In some cases, estates end up passing to the Crown.
Common law partners and stepchildren do not automatically benefit from an intestate estate. If you die without making a Will, your desires will carry no weight in how your assets, whether property or otherwise, are distributed.
With this in mind, it’s important not to wait for something significant to happen before drafting a Will – and with our solicitor’s expert Will writing help you can be sure that your estate is distributed not only in the way you want it to be but which is the most efficient for your individual circumstances, too.
Do I need a Will if I’m married?
While marriage simplifies inheritance, a Will is still recommended. It clarifies asset distribution, especially in blended families, and allows for specific bequests beyond a spouse. Crucially, it enables tax planning and guardianship nominations, offering greater control.
Which Will is right for me?
While most people will need a standard Will, there are many different types of Wills that are suited to different estate structures.
Our specialist team can guide you through the one that’s right for you, providing comprehensive advice that’s sound yet simple to understand. The most common types of Wills are:
- Standard Wills (also known as an individual Will) contains the wishes of one person.
- Joint Wills contain the wishes of multiple people, usually a couple.
- Tax efficient Wills incorporate trust structures to potentially mitigate inheritance tax.
- Asset protection Wills, which could potentially ‘ring fence’ assets should you need to move into a care/nursing home in the future.
- Discretionary trust Wills, which can preserve assets for the future generation and ensure any vulnerable beneficiaries are looked after.
- Life interest trust Wills, which protect assets for the children and future generations in case the surviving spouse remarries.
- Business & Agricultural Property Relief Trust Wills, which offer peace of mind and security of continuity for business/land owners.
In most cases, our Will writing solicitors will offer a fixed-fee service which is competitive and transparent.
Home Visit Service – going the extra mile
We appreciate that some clients may prefer to meet outside an office environment. This can be due to many reasons such as personal circumstances, confidentiality and convenience.
We offer home visits and out of office appointments so we can discuss your legal queries and instructions at a place convenient for you; whether at home, work place, care home or hospital. We apply a nominal fee for this service. Please enquire for further details.
To find out more about organising a Will please phone our office for an appointment on 020 8290 0333.
Why choose J&P’s Will writing solicitors?
Comprehensive advice from experts
Our team has a wealth of experience and understand the complexities of writing a Will.
Easy to understand
We pride ourselves on not using legal jargon to ensure our clients understand everything that goes into their Will.
Working around you
We understand how difficult these conversations can be. Our dedicated Will drafters are trained to handle your affairs with sensitivity and diligence.
Our expert Will drafters
Meet the team
Our Will-writing process
Step 1: Get In Touch
Use the Contact Us button below or call us on 020 8290 0333 and we’ll arrange a home or office visit or even a phone call.
Step 2: We discuss your wishes
During our meeting, we’ll discuss your options including the type of Will and set up that’s right for you.
Step 3: We’ll draft your Will
Following our chat, we’ll write up your wishes in a legally binding document.
Step 4: Your Will is ready
We’ll send your Will to you and then it’s yours to keep.
Will FAQs
No, however it is highly recommended that you use one. There are specific requirements which must be met when making a Will and it is a solicitor’s job to make sure they are met. If your Will is not written correctly, it may be invalid and your property will be distributed as if you died intestate. Another risk is that your Will may be valid but the legal interpretation may not reflect your intentions at the time of writing. A solicitor will ensure your Will reflects how you want your property to be dealt with, and that the Will is valid. Their knowledge of inheritance tax planning is also useful.
A Will does not have an expiry date. However, it is advisable to review your will periodically. If you acquire new property, or there are changes in your circumstances such as a marriage, your Will should be changed to reflect your circumstances.
There needs to be sufficient identification that the Will is yours. The usual things included in a Will are distributions of property, arrangements for looking after your children (if they are under 18), an executor(s) (the person(s) who manages your estate after you die) and what should happen if the people who you want to receive property die before you do. You can include conditions on dispositions and create a trust in the Will. Your Will needs to revoke all prior Wills. Your solicitor will ensure that all the necessary inclusions are provided for, as well as any additions you want to make which are particular to your circumstances.
You can appoint any person (over the age of 18) of your choice. Many people appoint a solicitor as an additional executor to assist with dealing with the will when the time comes.
Yes, a will in the UK must be signed to be legally valid. It must be signed by you and witnessed by two independent witnesses (over 18) who are present at the same time and who also sign it.
A Will is valid indefinitely once executed correctly.
In the United Kingdom, a will does not need to be registered to be legally valid. It is however important that it is stored safely and that your executors know where it is stored to make it easier for them to find the will Later.
You can choose to voluntarily register your will with services such as The National Will Register for a small fee.
As part of our will drafting service at Judge and Priestley, we will store a copy of your will that we have drafted, free of charge, in a secure storage facility until it is superseded, or the will needs to be put into effect.
The inheritance tax rate is 40% of the value of the estate which is over £325,000. It will be paid by the executor using the estate’s funds. Inheritance tax will not be charged if it is stated in your Will that your property is to go to solely to your spouse or civil partner. If you die intestate there may be dispositions to other family members and tax will be charged on this.
If you have a life insurance policy this should be put into a trust. Trusts can be utilised in other ways to avoid inheritance tax. Additionally, if you make tax-exempt gifts to your intended beneficiaries at least 7 years before your death, these dispositions will not be calculated as part of your estate.
A will is considered valid in the UK if it meets the legal requirements and has not been revoked or replaced. There is no time limit on the validity of a will in the UK, but changes in circumstances, such as marriage or divorce, can affect its validity. To ensure that your will is valid and accurately reflects your wishes, it is important to review and update it regularly.
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Our experienced Will writing solicitors are available to answer your questions or help you begin the will-writing process.
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