Where there is a Will…

How many times have you heard that saying and thought it was true, if you put your mind to something then you can achieve your goals.

This also resonates within the area of Private Client.  It is all too common to encounter problems with homemade Wills which do not achieve the Testators desired outcomes.  Unfortunately, this can cause more problems than solutions and at a time when a family are grieving.

A poorly drafted Will may result in a Will that is not valid; this would leave you in a position similar to that of a person without a Will in place.  Instead of what you had wished to happen to your estate, the Intestacy Rules would govern how your estate is to be distributed. Typically, the distribution would be decided in accordance with a set of strict rules. Potentially if you died without a living spouse or children or parents then your estate could pass to another family member that you may not want to inherit anything from your estate. There would be no provision for friends that you would want to inherit something and potentially the Treasury may receive your estate, should there be no family members at all.

It is estimated that 40% of the adult population in the UK do not have a Will. There are lots of reasons why people do not have a Will, they are too busy, do not want to think about it or are just unsure what to do. By speaking to a member of our Private Client department we can help you to decide what is best for you and your estate when you pass away.

If you have minor children you can name guardians to look after them or make provisions if a family member is vulnerable or has a disability and may need more support.

Frequently one of the biggest issues facing cohabiting couples is the lack of protection that a surviving cohabitee may face on the death of the other cohabitee, without a Will. We can advise on how to ensure that assets pass to whom you would wish them to pass to whilst protecting the rights of the cohabitee.

A correctly drafted Will can allow you to decide on how your estate should be dealt with on your death. Therefore where there is a correctly drafted Will, there is a way.

Our highly regarded and friendly wills, tax and probate team can talk you through the process of preparing a Will. If you would like to discuss any points in this article further or are looking for independent advice relating to contentious probate or creating a will, please contact Spire Solicitors LLP on 01362 692424.