Making a Will is one of the most important things you’ll ever do for your family. You should make your Will at the earliest possible point, especially if you have children or own property, and it’s easy and affordable to do if you use a professional Will writing service. Using a professional Will writer will ensure you end up with a legally binding document that will protect your family’s future. Although your Will writer will guide you through the process from start to finish, it’s still a good idea to understand the basics of how Wills work. In this guide, we’ll explain everything you need to know to get this important life task ticked off your to-do list!
Why Do I Need a Will?
Making a Will means you get to decide how your estate is shared when you die, rather than the courts deciding for you! If you have children, you’ll also want to choose who will raise your children if you and your partner were ever taken from them, otherwise social services will decide your children’s future. There are many disastrous scenarios that could play out if you don’t make a Will – for example, if your spouse was to remarry, your children may never receive their inheritance. If you have children with an unmarried partner, your children could receive everything leaving your partner without the financial support they need to bring up your family. A Will can prevent painful family disputes, protect your loved ones, and ensure they can benefit from your hard-earned assets throughout their lives.
Wills Terminology
There are several legal terms involved with making a Will. Your professional Will Writer will explain everything you need to know, but it’s good to be at least be aware of these terms.
Testator
This is the person whose Will it is, if you’re making a Will you are the testator.
Executor
This is the person who will act on the Will and ensure the terms are followed after the testator dies. The executor is chosen by the testator.
Beneficiary
This is a person who will receive assets or powers according to the Will. Most Wills have multiple beneficiaries, unless the entire estate is going to one person.
Probate
This is the legal process where a Will is validated by a court of law, ready to be executed by the executor.
Intestate
If you die without a Will, you are said to have died ‘intestate’ and your estate will be distributed according to intestacy rules.
Trust
This is a legal entity where assets can be entitled to a beneficiary but held in the trust until a specific date. Probate is usually not required when using a trust.
How to Write a Will
Unless you have a legal background, it’s important you use a professional Will writer to write your Will. If you try and do it yourself you may not end up with a legally-binding document because instructions can be written incorrectly or left out all together that can invalidate your Will. Your Will writer will help you with each of the steps listed below to ensure your Will does what it’s supposed to do – protect your family and estate.
Step 1. Organise your estate on paper (assets and debts)
Step 2. Decide on your instructions
Step 3. Choose your executor(s)
Step 4. Have your Will professionally written
Step 5. Sign your Will
Step 6. Store your Will
How Do I Make Sure My Will is Valid?
If you try to write your own Will with a DIY Will template you could be putting your family at risk – so the first step to make a valid Will is to use a professional Will writer. Make sure you choose a Will writer who is an accredited member of a governing body such as the Institute of Professional Will Writers. For more information on why you should use a professional Will writer click here. The other conditions necessary for your Will to be valid are:
- You must sign your Will and your signing should be witnessed by two people
- You must have sufficient mental capacity to make and understand your Will
- You must make the Will voluntarily without pressure from others
How Do I Store My Will?
It’s important you store your Will safely and make sure it can be found easily when the time comes. If your Will can’t be found, your estate will be divided according to intestacy rules, and social services could decide your children’s future. We do not advise keeping the only copy of your Will at home, as there’s a higher chance it will be lost or damaged. The best option is to keep the original copy of your Will with a professional storage service and let your executor (and other family members) know where it is. We offer a secure storage service that costs just £100 for lifetime storage; alternatively, you can store your Will with a solicitor or the Probate Service. For more information on the advantages and disadvantages of each of these options please see our guide – ‘How Do I Store My Will and How Will My Family Find It’.
What Happens to My Will After I Die?
When you die, your chosen executor will need to locate your Will and apply for probate – it’s very important you tell your executor where your Will is stored and get them to make a written record of the location. You may also want to send them a copy of your Will, but be sure to tell them where they can find the original copy as well. Your executor will then need to formally apply for probate. Once probate has been granted your executor will settle any debts and taxes and then distribute your estate according to your instructions.
The Bottom Line
With the help of a professional Will writer, making a Will is a relatively quick and easy process. The importance of making a professional Will cannot be overstated – it has the power to shape your family’s future and protect your legacy. To ensure your Will does what it’s supposed to do, it needs to be written correctly and stored securely – a professional Will Writer has the necessary experience and knowledge to make sure your Will holds up in court across all scenarios, and they also do all the legwork for you to save you time and hassle.
At Michael Usher Wills & Estate planning we’ve been helping our local community for over 30 years. We’re regulated members of the Institute of Professional Will Writers, so you can be confident that you’ll receive a high-quality Will that will protect your family’s future. Our friendly team is always happy to chat with you for free about your Will and answer any questions. Call us on one of the numbers below or book a free consultation here. We look forward to helping you protect your assets, your family, and your legacy.
Camberley: 01276 691979
COVID-19 Update
Due to the current situation, you are now able to make a Will with us remotely for your own safety and convenience. Read the article below to find out how this works.
