Do I need a Will?
Yes. Having a Will is important for several reasons:
- Asset disposition – a Will ensures your assets are distributed in accordance with your wishes after your death. A professionally drafted Will takes your personal and financial circumstances into account and can help minimise the risk of disputes.
- Avoiding intestacy rules – without a valid Will, your estate will be distributed under the intestacy rules, which may not reflect your intentions.
- Care for loved ones – a Will allows you to make provision for those who depend on you, including young children or vulnerable family members.
What is the process of making a Will?
The process starts by gathering information about your personal circumstances, your assets, and your wishes for how your estate should be distributed. This may involve completing a questionnaire and/or attending a meeting so that we can take your instructions in detail.
Using this information, we will prepare a draft Will for you to review. The time required will depend on the complexity of your estate and the nature of your instructions.
What are the requirements for a valid Will?
To be legally valid in England and Wales, a Will must satisfy the following:
- the testator must have mental capacity (that is, a sound mind, memory, and understanding)
- the testator must intend to make a Will
- the Will must be in writing, signed by the testator in the presence of two or more witnesses, who must also sign it in the testator’s presence
Who should be your executors?
Executors are responsible for administering your estate, including applying for probate, paying inheritance tax, and distributing assets. Executors must be over 18 and can include family members, friends, or professionals.
It is often advisable to appoint at least two executors. In some cases, appointing a solicitor as a professional executor may be appropriate.
Who are the beneficiaries?
Beneficiaries are the individuals or organisations who will receive assets from your estate under your Will. As the testator, you have discretion to decide who benefits and how your estate is distributed.
What gifts can I make in my Will?
You can make specific gifts to individuals in your Will, known as legacies. These include:
- General legacies – for example, a fixed sum of money
- Specific legacies – for example, a piece of jewellery, a property, or other identifiable assets
When listing gifts, it is helpful to provide a clear description and the full name and address of each intended beneficiary.
Where gifts are left to minor beneficiaries (under 18), those assets must be held in trust until they reach adulthood.
What happens if someone dies without a Will in England and Wales?
If a person dies intestate (without a valid Will), their estate will be distributed under the rules of intestacy, as follows:
- Surviving spouse or civil partner – inherits all personal belongings, the first £322,000 of the estate, and half of the remaining balance
- Children – inherit the other half of the balance (shared equally)
- Parents – if there is no surviving spouse or children, the estate passes to the parents
- Siblings and their descendants – if there are no parents, the estate passes to siblings or their children
This order of entitlement continues down the line of family relationships, including grandparents, aunts, uncles, and so forth. If there are no surviving relatives, the estate may pass to the Crown under the doctrine of bona vacantia.
How much do you charge for Will drafting?
Our standard fees are as follows:
- Simple Will (no minor or trust) – £300 plus VAT
- Mirror Wills (for couples with similar wishes) – £450 plus VAT
- Will with minor beneficiaries – from £400 plus VAT
- Mirror Wills with minor beneficiaries – from £550 plus VAT
Please note that additional charges may apply for more complex instructions, such as trusts, foreign assets, business interests, or tax planning.
For more information about our Wills and Probate service, click here.
Have questions? Get in touch today!
Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.
Email us on [email protected].
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