Will FAQ

Thinking of writing a Will?

Wills writing FAQ

So, you are thinking about making a will and are wondering about using a solicitor? You have come to the right place, because the only sure way of your wishes being carried out is to have your will professionally drawn up.

When a client comes to us to make a will, we know, there will be certain questions running through their minds: –

QUESTION: I want a will that is tailor-made for me and my family, can you do this?

ANSWER: Yes, all our wills our tailor-made, to suit the requirements of our clients. We will listen to you, find out what you want, advise you on how this can be done, and then carry out your wishes.

QUESTION: Solicitors normally charge more than a will writer; will I be getting value for money?

ANSWER: Yes, you will be getting value for money. You will be seeing a solicitor who can look at your situation in the round, who has breadth and depth of experience to guide you on related issues such as property and businesses and how they interrelate with your will. We will also ensure you have considered all the people who would expect to benefit from your will and advise you on anyone who may be able to make a claim against your estate. You will receive advice on guardians, trustee’s, the implications of the trusts in your wills and the tax treatment of the same after your death.

QUESTION: Will your service be friendly, will I feel at ease with the solicitor handling my will and able to discuss with him or her any concerns?

ANSWER: At Heald solicitors we offer a friendly service where our clients feel relaxed, and can ask any questions they have about the issues we are handling for them. Our belief is that, a client who feels comfortable with their solicitor, will be able to instruct us effectively and receive all the appropriate advice.

QUESTION: I am worried about inheritance tax, and I wish to protect my assets from care home fee, can you advise me?

ANSWER: Yes we can. We understand that more and more people are becoming concerned over these matters and, our best advice is to start early to mitigate the loss to your estate. We may recommend making a will, setting up a trust, changing the ownership of property, or seeking advice of a competent independent financial advisor. We can recommend how best to organise your affairs, to make things simpler for your executor and tax efficient.

QUESTION: I have been married twice and want to make sure that, all my children will benefit from my estate, but at the same time I want to ensure that my second wife will be looked after for the rest of her life. Can you help me?

ANSWER: Situations such as these are becoming increasingly common. We are used to writing wills, where a second spouse is cared for or maintained for the rest of their lives and then after his/her death your capital will be passed on to your children. Specialist advice is important for this type of will.

QUESTION: Can I appoint guardians for my minor children in my will?

Yes, we are able to draft a clause allowing for this. You can specify who you would like to look after your children in the event of your death. This can bring you security and peace knowing that if you are not here your children will be cared for by people you trust.

QUESTION: I already have a will, how often should I review it ?

It is important to review your wills at least every ten years as the law affecting your wills could have changed, or your circumstances could have changed. Recently there was a change in law concerning the transfer of Nil Rate Bands between spouses and partners. It is vital that your will reflects your current circumstances as no one knows what tomorrow will bring.

QUESTION: Some of our family members dispute the terms of the will of a loved one. Can you help with this?

Yes, we can help. Losing a loved one often brings sadness and grief. This can cause rifts amongst family members as they clash over what the deceased really wanted. We understand the problems this can cause and are experienced in remedying such situations through mediation and confirming the validity of a will. Please feel free to contact us to find out more.

We hope that we have covered all your concerns, but if there is anything we have not mentioned please feel free to ring the wills and probate department.

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