Wills Frequently Asked Questions

Whatever questions you may have about Wills I will be happy to answer. Please contact me for a consultation or to discuss your requirements.

Below are answers to some commonly asked questions about Wills.
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What happens if I die and haven't made a Will?
Who will look after my children if I die?
Can I make a Home made Will?
How often should I update my Will?

What happens if I die and haven't made a Will?

If you die without leaving a Will you are said to have died intestate. Without a Will a set of statutory rules (The laws of Intestacy) are imposed which specify how assets are distributed to family members in a fixed order. If you have no family members then your assets will go to the Crown.

The danger of dying intestate is that you will have no say in who gets what. Family members who you may not wish to could inherit your assets. Likewise, people who are not blood relatives, such as unmarried partners, may not receive anything.

It is critical that you make a Will to avoid this situation.

Who will look after my children if I die?

You can appoint guardians for children under 18 as part of your Will. This will ensure that should you die your children will be looked after by the people you choose and this will not be decided by someone else.

By including this provision in your Will it can also help to avoid disputes between opposing family members who would all like to help. By stating your wishes in a Will you can make it clear exactly what you would like to happen.

Can I make a Home made Will?

Home made Wills are rarely suitable. Even in the simplest cases, errors in writing the Will can make them invalid.

There are a number of ways of having a will written. The main thing to consider when choosing a method of will writing is; will it be effective when you die? That is, will your estate be passed on to the people you choose.

All too often incorrectly drawn up wills are found to be invalid and disregarded, or at best ineffective. This can lead to the estate being treated as if you had died intestate, i.e. without a will. Under the laws of intestacy your assets are distributed according to a statutory set of rules which leave a person's estate to their next of kin in a fixed order.

How often should I update my Will?

If you have already made a Will it is important that it is kept up to date to reflect your circumstances. You should review your Will whenever your circumstances change in any significant way. Things which may affect your Will include:

Divorce or separation
Having children
Buying or selling a large asset such as a house
Marriage

As a general rule it is recommended that you have your Will checked at least every 5 years to ensure that it still reflects your requirements.