Answers to your Will Questions

WILL BASICS

1. What is a Will ?
2. Is a Will really necessary ?
3. Can I make my own Will ?
4. If I die without making a Will does my spouse inherit my estate ?
5. I am worried what would happen to my children if I die without a Will
6. Can I alter or change my Will once it is made ?

1."What is a Will ?"

A Will is a document appointing Executors to act on your behalf upon your death and who are legally empowered to carry out your wishes for the disposal of your assets/estate.

2. Is a Will really necessary ?

If you die without making your Will the laws of Intestacy will then be applied to your estate. Those who die “intestate” usually make the assumption that their possessions/estate will go automatically to their next of kin. Unfortunately, this is not the case and many families suffer financial difficulties and unnecessary heartache as a result. You make a Will for the sake of your loved ones.

3. Can I make my own Will ?

Yes, but beware there are many problems which have been experienced by this method – it is a disaster waiting to happen at a time when your family are vulnerable. We have seen some poorly drafted Do-It-Yourself type of Wills and for the sake of spending some time searching for a professional Will writer who will do your Will for you in an efficient and inexpensive way it simply is not worth the possible misery caused. This is where ABCWILLS can help you with Wills-on-Wheels or Wills-via-Post being source of help you need.

4. If I die without making a Will does my spouse inherit my estate ?

Unfortunately this is not always the case -- very briefly -- The Law states that if you are married with children and if your whole estate is worth more than £125,000 that sum would go directly to your spouse plus a “life interest” in half of whatever is left. Your children would take the other half of your estate. Imagine what could happen if your only major asset is the house - this may well have to be sold!!! If you die without children then your spouse would take the first £200,000 only and the remainder would be divided between other relatives according to the law of intestacy

Living Together
Although the law has been changed in recent years to bring cohabitees into line with married couples in situations where one has died without leaving a Will giving a partner a share from the deceased`s estate, this only applied if they have been living together for a period of at least two years before death. A separated wife and children who are dependent would have a prior claim! We strongly recommend a Will which would make the position of the cohabitees secure and give complete peace of mind.

5. I am worried what would happen to my children if I die without a Will

It is essential that you MAKE A WILL APPOINTING GUARDIANS FOR YOUR CHILDREN. Otherwise the Courts may have to decide and this may be a far cry from what you would have wished. Including this direction in your Will would also enable you to make appropriate provision for financial support to be given to the Guardians and perhaps the family home, which might otherwise have to be sold! Don`t have this unnecessary worry! Let us help you draw up a suitable Will.

6. Can I alter or change my Will once it is made ?

Yes, most alterations can be added to your Will either to take something out or put something in this is called a Codicil.

Find out about the common myths about Wills.