Frequently asked questions
We are sure that you have many questions regarding our service, below are our frequently asked questions.
You really should have a Will, if you are over 18 and have any assets, children under 18 or if you have a disabled child. If you die without a valid Will in place, then you will die ‘intestate’. This means you will lose all control and your wishes may not be carried out as you would have wanted. You will also place your family under unnecessary stress and suffering at an already very stressful and emotional time in their life.
Great, however it is recommended that people should review their Will every 3-5 years. Have you married since making your last Will? Have any beneficiaries or executors passed away or have your circumstances changed? Many people do not know that by getting married this automatically revoke your Will unless it was created with anticipation of marriage.
Anyone who is over 18 years of age and of sound mind, there are however a few exceptions to this rule, for example:
Under the Mental Health Act 1983, the Court of Protection may approve the making of a Codicil to a Will or a new Will for someone who is deemed mentally incapable of doing one themselves.
Members of the armed forces are able to make a Will under the age of 18. It is recommended that advice should be taken first.
Many people take the time and expense to create their Will. It is then kept in a box in the loft or under the stairs or somewhere so safe that no-one would even dream of looking for it there. That means that you may deem to have died ‘Intestate!’ All your plans and wishes will not be adhered too.
Also, other risk factors to consider are:
Intentional tamper /destruction
We will put your Will in our Air, water and Fire proof safe in our offices. We will even send your executors a handy little card with our details for them to keep in their purse or wallet for when they need the Will to be released.
For a Will to be valid is must follow these simple rules:
It should be in writing, appoint an Executor (someone carry out the instructions of the Will) and dispose of any assets (Property/possessions).
It must be signed by the Testator (the person making the Will). If the testator is blind then Will can be signed on their behalf in their presence and by their direction. The testator must also done this in the presence of two witnesses who must also sign the Will in the presence of the Testator.
Choosing the wrong witness is the main reason gifts within Wills fail. Ensure you follow these basic rules to avoid any disappointment. Don’t forget, if you opt for us to store your Will, we will check to make sure the Will is valid. The witness must not be:
Under the age of 18
A spouse/Civil partner of a Beneficiary.
Under the influence of drink or drugs.
Someone who does not understand what they are witnessing.
Your will lets you decide what will happens to your money, property and possessions after your death.
If you make a will you can also make sure you don’t pay more Inheritance Tax than you need to. You can find out more information on Inheritance Tax here
You can write your will yourself, but you should get advice if your will isn’t basic or if you have many assets you want to pass on.
You need to get your will formally witnessed and signed to make it legally valid.
If you want to update your will, you need to make an official alteration which is known as ‘codicil’ or make a new will.