.jpg){kind=small}
Your legacy doesn't have to be a mystery, but tomorrow is. "This fact highlights the significant control we have over our destiny and the legacy we leave behind, and it is far from merely a catchphrase. Making a will is one of the most important acts of care and responsibility we can give to our loved ones, yet in the UK, the topic may sometimes appear intimidating or a little depressing.
Here is a list of the topics in this blog; click on a topic to skip ahead.
What is a Will?
A will is essentially a list of legally binding instructions you leave behind that specify what should happen to your assets and belongings after you pass away. It may involve who cares for your children or pets, so it's not just about money or property. Think of it as a way to ensure your wishes are carried out even outside your presence. If you don't have a will, the law will choose who gets what, which may not be what you want. Thus, it's similar to leaving a legally binding letter for the future. Easy, isn't it? But very crucial. This Will writing guide will help you navigate the whole process.
Now we know what a Will is, let's overcome some of the common reasons, misconceptions, excuses, and outright denial as to why people don’t write a will:
“Do I need a Will if I'm married? Everything will go to my spouse anyway, right?” No. The parents or siblings may have a claim. Your kids often deserve a portion of your estate too.
“I can trust my family to divide my assets fairly.” Even with trust, misunderstandings can arise. A will provides a legal framework to distribute assets precisely as you wish, avoiding potential conflicts.
“I don't have a lot of money, so it doesn't matter.” A will addresses not only your financial assets but also your personal belongings and sentimental items. It's about preserving your legacy, no matter the size of your estate.
“I'll make a will when I'm older.” Life events, such as accidents or sudden illnesses, can happen at any age. Preparing your will now ensures that your loved ones aren't left in uncertainty during difficult times.
“I don't know where to start with a will.” Many resources and professionals can help you through the process step by step, making it more manageable and less daunting. Including this blog post.
“I don't think my family will argue over my estate.” Even well-intentioned families can face disagreements during emotional times. A will prevents such conflicts and ensures your wishes are respected.
“I don't want to upset my family by discussing this.” Open communication can actually ease concerns for your loved ones. They'll appreciate the clarity and know that your decisions are made thoughtfully.
“I'm too busy to deal with my Will” Estate planning can be done in stages, and you can start with the most critical aspects. It's an investment in your future and your loved ones' well-being.
“I don't want to think about my own death the” Planning for the future is a responsible act of caring for your loved ones. It provides them with clear instructions, reducing emotional and financial burdens.
What happens if you die without a Will?
You have spent your entire life building wealth and establishing close relationships, but you have left no instructions for your legacy. Surprisingly, more than 60% of adults in the UK haven't written a will. This figure serves as a sobering reminder of the dangers of leaving the destiny of our loved ones up to chance. Without a will, your inheritance is split according to intestacy laws, which frequently produce results that are different from what you intended. When you are unable to speak, a will acts as your voice for anything from making sure your partner is taken care of to choosing guardianship for your kids.
The order in which intestacy follows in the UK is quite specific. Here's how it generally unfolds:
1. Spouse or Civil Partner: The first in line is the deceased's legal spouse or registered civil partner. They will inherit the majority, if not all, of the estate, depending on whether there are children or other dependents.
2. Children: If there is no spouse or civil partner, or if there is remaining estate after the spouse or civil partner has received their portion, it goes to the children of the deceased, divided equally among them. If a child has predeceased the decedent but left descendants (grandchildren), those descendants would inherit in the place of their parent, typically in equal shares.
3. Grandchildren and Great-Grandchildren: If the deceased's children are also deceased, but they have left children (the deceased's grandchildren), then the estate passes to them, divided equally. If necessary, this also extends to the deceased's great-grandchildren.
4. Parents: If the deceased has no spouse, children, or grandchildren, then the estate goes to their parents.
5. Siblings: In the absence of surviving parents, siblings (brothers and sisters) of the same blood share the estate equally. If a sibling has predeceased but has children, those children (nieces and nephews of the deceased) inherit in their parent's place.
6. Half-Siblings: If there are no full siblings, then half-siblings inherit next, again shared equally.
7. Grandparents: In the absence of closer relatives, the grandparents of the deceased are next in line.
8. Aunts and Uncles: If there are no surviving grandparents, then aunts and uncles (siblings of the deceased's parents) inherit. If the aunt or uncle has predeceased the deceased, then their children (cousins of the deceased) may inherit in their place.
9. Half-Aunts and Half-Uncles: If there are no full aunts and uncles, then half-aunts and half-uncles (and their descendants) are considered.
In the rare event that there are no surviving relatives from any of these categories, the estate passes to the Crown under the rules of "bona vacantia." This Latin term means "vacant goods" and refers to the process where unclaimed or ownerless property goes to the Crown.
Over 9000 estates are unclaimed according to the latest GOV.UK unclaimed estate list.
It's important to note that close friends, unmarried partners, and stepchildren are not automatically included in the rules of intestacy. This highlights the importance of having a will to ensure that your estate is distributed according to your wishes, especially if you wish to provide for people outside the traditional family hierarchy.
The New Spouse Situation: What happens if I get married again without leaving a will?
Consider John, whose first marriage produced two children. He got married again after his divorce. John was unaware that under the Wills Act 1837, section 18, marriage nullified any prior will he may have had when he remarried. John died suddenly without leaving a testament; therefore, his £300,000 inheritance was given to his new wife under the laws of intestacy. This is because intestacy states that the first £322,000 goes to Mrs. New, and any remaining funds are split equally between John's children from his first marriage and Mrs. New. The inheritance he always meant for them is now lost to them. A written will that gave his children a share of his inheritance could have avoided this predicament.
The Unmarried Partner's Predicament: Is my partner entitled to anything if I die and we're not married?
For fifteen years, Sarah and Alex shared their lives, but they never got married. Sarah was surprised to learn that she had no legal claim to the inheritance under intestacy laws after Alex passed away unexpectedly without leaving a will. Sarah was left without a place to reside after Alex's parents inherited their house. This tragic circumstance highlights how crucial a will is, particularly for unmarried couples.
These tales emphasise the significance of having a will and the dangers of dying intestate.
How do I create a Will?
Who can help with writing a will?
The first thing to think about is who you want to write your will? “Can I write my own will?” I hear you ask. “Can I use ChatGPT to write my will?” you’ll wonder. Yes, you can, but there are a few points to consider.ChatGPT
Although it is possible to draft your own will in the UK, I discourage you from doing so for several reasons:
When creating a will on your own, it is simple to make mistakes or forget crucial information due to the sometimes complicated legal wording. There are things that you would have never thought about, including that a professional will know. ChatGPT is only a machine that has been trained on a large amount of text; as such, it lacks a comprehensive grasp of the law.
Its output entirely relies on what prompt you put in. It may not be aware of every minor legal detail, which could cause problems later. A will must be in writing, signed by the testator (the person creating the will), and attested by two impartial witnesses to be deemed legally valid in the UK. The will might be declared void if these conditions are not fulfilled, and a chatbot can’t tell if you’ve done it correctly.
Your beneficiaries or other interested parties may contest your will in court if it contains mistakes or ambiguities. For your loved ones, this can be expensive and time-consuming. ChatGPT is unable to advocate on your behalf. If disagreements arise after your death, your loved ones might find themselves on their own. And no one desires that!
If you no longer want to risk it, write your will with ChatGPT or yourself. What are the other options?
Are free will writing services worth it? Are free wills through a charity any good?
Typically not. You usually have no say about who performs probate or acts as executor. Usually, a free will has either itself acting or a third party paying the will writer a reasonable commission. You might not pay up front, but your beneficiaries might incur large fees. Some charge anything between three percent and ten percent of your estate. One page in my free Will Writing guide allows you to calculate the worth of your estate. How good of a bargain does that free will currently look?
You get what you pay for: The degree of quality a professional will writer offers may not be available via a free will writing service. This can result in errors or ambiguities in your will that will trouble your loved ones in the future once more, costing hundreds in court fees defending a challenged will. If you have a complex financial situation or a large estate, a free will service may not have the expertise or resources to properly address your needs.
Validity: A will needs specific criteria to be legally valid in the UK, including being in writing, signed by the testator—the person creating the will—and seen by two independent witnesses. Should these standards fall short, the will might be declared void. A free will service could lack the tools or expertise needed to guarantee that these needs are satisfied. Keep reading to learn more about the validity of wills and how to sign them.
Costly upsells and pressure selling: Certain free will services use a free Will to lure you in so that they can try to upsell you expensive services, such as legal advice, expensive trusts that aren’t suitable for you, and prepaid probate services. These extra expenses might soon mount up rapidly and greatly raise the total cost of your will. In addition to that, I would be questioning how they use your data.
Many free will services will pass under the cover of providing a free service so you may donate to a charity. You can draft your will to avoid all the issues and leave money to charity. For more on leaving to charity in your will, keep reading.
Choosing Between a Will Writing Service or a Solicitor: Making the Right Decision
So what are the options for using a professional? You have two primary choices when it comes to creating a will: hiring a will writing service or consulting a lawyer. It's important to consider the advantages and disadvantages of both strategies before choosing one.
Is it safe to use a Will Writing Service instead of a solicitor?
In recent years, will writing services have become more and more popular because they are affordable and convenient. Here are some important things to think about:
A will writing service will be adequate if your estate is somewhat simple, with few complications or disagreements. The correct will writing service would be sufficient even if your estate is more complicated, as long as they have the necessary training and maintain a high degree of continuing professional development to be up to date with legal developments.
They can assist you in drafting a straightforward or intricate will without the need for pricey solicitors. Just make sure you ask the right questions. During a networking event, I had a conversation with a seasoned will writer who has been practicing since 1998, but he was unaware of the 2007 changes to the spousal exemption.
Who regulates Will Writing in the UK?
While there is no will writing regulator, there are voluntary bodies will writers join with strict criteria to be allowed to be a member of. Such as requirements around insurance, quality, and continued professional development. Make sure that if you are going to use a Will writing service, they are a member of The Society of Will Writers or the Institute of Professional Will Writers. Look out for these badges and search their registers
Is it better to use a solicitor to write my Will?
It is often believed that hiring a solicitor for will-related matters will provide a high level of legal experience. Think about the following:
You should consider who you are hiring to do the work because not all will writing services are appropriate. You are probably not working with a legitimate business if they are not members of The Society of Will Writers, if they lack the necessary insurance, and if they have a poor CPD record.
Working with a solicitor reduces the possibility of mistakes or omissions that could jeopardise the execution or validity of your will by allowing you to benefit from their professional oversight. However, it's crucial to conduct thorough research because even experienced solicitors have made costly mistakes. Make sure the solicitor specialises in wills. To quote a good friend of mine, “I didn’t go through 6 years of education just to write wills” (I won’t name them, but they know who they are). If they don’t love what they do, you won’t love their service.
Ultimately, choosing to work with an attorney or a will-writing service relies on your budget, your unique needs, and the intricacy of your inheritance. Although solicitors are supposed to give a better level of legal competence, will writing services offer a convenient and reasonably priced alternative that frequently offers the same calibre of understanding? It's critical to weigh the benefits and drawbacks listed above and select the one that best suits your needs. To make sure your desires are accurately recorded and enforceable, it is always essential to speak with a legal expert.
What do I need to include in my will?
Now that you've determined who you want to draft your will, it's time to delve into the details. In this section of this article, I’ll break down and answer 5 common questions when people ask “how to write a will.” You must be certain of your assets before you can divide them. Make a thorough inventory of everything you own, no matter how minor. Properties, bank accounts, investments, jewellery, cars, and sentimental objects may all fall under this category. Remember to include any liabilities or debts. A comprehensive inventory will provide you with a clear picture of how big your estate is.
Who should I choose as my beneficiaries in my will?
Next, decide who will benefit from your estate and who you have a particular place in your heart for. Your close friends, extended family, immediate family, or even causes you are enthusiastic about could be among them. You can see who you want to include in your will by creating a list.
Choosing how to distribute your assets to your beneficiaries is the exciting part that follows next. This is a complex procedure that requires consideration of fairness, individual needs, and any personal desires you may have. To make sure your objectives and your loved ones' expectations are in line, think about getting their opinions. The secret is to find a balance that honours your valued connections while reflecting your principles.
What if the item I’m giving is no longer mine when I die? (Also known as ademption). Ademption happens when the particular item you intended to leave to someone in your will isn’t in your possession anymore at the time of your passing. Picture this: you had a special painting set aside for your niece, but then you ended up selling it before you passed away. If that's the situation, the gift is seen as adeemed, so she wouldn't get anything instead of it.
What happens if the beneficiary dies before me? (If a gift “lapses”). If the person you meant to give a gift to passes away before you, that gift lapses. So, let’s say you give your car to your friend John, but then John passes away before you do. In that case, that gift usually doesn’t work out. If you want to avoid this situation, you might consider naming an alternative beneficiary in your will or looking into some legal rules that could apply to your direct descendants, such as your kids or grandkids. Keep reading to find out how you can name a charity as a backup beneficiary.
Can you make a gift in a will conditional? Yes, but they must be considered reasonable; otherwise, the beneficiary can contest the conditions. If you attach specific conditions to a gift and those conditions aren’t met, the gift can fail. For example, if you say your nephew must graduate from university to inherit a sum of money and he doesn’t graduate, he won’t receive the gift. What if the gift in a will is illegal? A gift might fail if it’s illegal or goes against public policy. For instance, you can’t leave a gift that requires the beneficiary to do something illegal to receive it. Such gifts would be struck down by the courts.
Can a beneficiary refuse a gift? (Disclaiming the Gift). A beneficiary has the option to turn down or reject a gift. There could be a few reasons for this, like tax implications or just personal choice. If someone decides to disclaim a gift, it usually goes back into the overall estate.
Who should I choose to be executor of my will?
Making the right choice for your executor is a serious and important decision. It is crucial to realise that the executor is legally obligated to administer and divide the estate in accordance with the provisions specified in the will. Conversely, the deceased's closest surviving relatives are referred to as the next of kin. People often ask me, "Who has more power, the executor or the next of kin?" The executor is in charge of carrying out the deceased's intentions and has the legal authority, even though the next of kin may have an emotional interest in the estate. There isn't one solution that works for everyone, but here are some things to think about:
Dependability and trustworthiness: Since your executor will have access to your assets and private data, you should have complete faith in them.
Attention to detail and organisational abilities: To effectively handle the administrative duties required to carry out your will, a competent executor must have strong organisational abilities.
Longevity and availability: Pick a candidate who can handle the position for a long time and is likely to be available.
Financial savvy: Selecting an executor with financial expertise or experience may be advantageous, depending on the complexity of your estate.
Legacy contacts for your socials
Whilst we’re here, we should also touch on your legacy contacts for the digital side of things because have you ever considered what will happen to your internet belongings if you pass away? Having a "legacy contact" for your online accounts can make things much easier for your loved ones. How to select legacy contacts for well-known platforms like Facebook, Apple, and Android
We are all aware that Facebook is the platform through which we share our lives with our friends and family. Select a legacy contact by navigating to your settings and selecting "Memorialisation Settings." In this section, you have the option of selecting an individual to oversee your account in your absence.
Your Apple devices are your reliable companions. To guarantee the security of your data, activate the "Legacy Contact" feature. This grants your chosen contact access to all of your iCloud data, such as images, notes, and more. To safeguard your digital legacy, access your Apple ID settings and select
Click "Password & Security," and the process is complete.
Google's Inactive Account Manager is a function that lets you control what happens to your Google account and its data if it goes inactive for a set period. You can opt to share your information with trusted individuals or deactivate your account altogether.
What happens to my children if I die? Naming Guardianship in a Will.
According to Harry's Rainbow, a parent of children under 18 dies every 22 minutes in the UK; around 23,600 a year. This equates to around 111 children being bereaved of a parent every day. This equates to around 111 children being bereaved of a parent every day.
Without a nominated guardian, your children may be placed in the care of a stranger or relative who does not share your values or intentions for their upbringing. This can cause tensions and ambiguity for your children, who may be going through a difficult and emotional time as a result of your death. You can also nominate guardians to state your children's education preferences and religious or cultural concerns. This might give your children consistency and continuity in their upbringing even when they are not with their parents.
The Unintentional Guardian: A Case Study: The tragic story of Catherine, a little girl left without a parent and compelled to live with her narcissistic grandmother, serves as a sobering reminder of how important it is to include a guardian in a will. Catherine did not put her specific desire to avoid having her children raised by her narcissistic mother into a will. Catherine wished she could have avoided the situation in which her mother became the de facto guardian of her children after her sudden death. If you want your children's futures to be taken care of per your preferences, this case shows that you need to specify guardianship requests in your will.
How do I change who my guardian for my children is?
As your circumstances change, it is critical to check and update your nominated guardians frequently, as the individuals you first selected may no longer be suitable or available. It is equally critical to have open and honest discussions with your appointed guardians about your preferences and expectations for your children's care.
What happens to my kids inheritance if they die before they’re 18?
If you pass away, your children automatically inherit your estate when they turn 18. This isn't always a good idea, as they may not have the life experience to manage a large inheritance. We also can't underestimate the emotional impact losing one or both parents could have on a child who may try to manipulate this situation for their own personal gain.
The Significance of 18-25 Trusts. When we talk about testamentary trust provisions, there's this unique legal setup called the Bereaved Young Person’s Trust, which many people casually call the 18-25 trust. These trusts are created when someone leaves a gift that’s meant for their kids, but only if they reach an age between 18 and 25.
It's important to point out that these trusts are only used for the testator's biological or stepchildren. Grandparents, for example, can’t just add this trust into their wills for their grandkids. So, any gifts set aside for grandchildren or nieces, for example, will create either a bare trust or a relevant property trust.
To qualify as a Bereaved Young Person’s Trust, a trust needs to meet these conditions:
One of the minor's parents must have passed away.
The trust must have been established through the parent's will, intestacy, or under the Criminal Injuries Compensation Scheme.
The trust must adhere to the stipulations outlined in section 71D of the Inheritance Tax Act 1984, encompassing conditions such as the beneficiary attaining absolute entitlement to the trust property by their 25th birthday.
The trustees can either save the funds or use them to support the beneficiary's living expenses, education, or other needs, depending on what they think is best. If the beneficiary is under 18, the trustees can use the income and capital directly for their benefit or give capital to the surviving parent or guardian.
Once the beneficiary hits the age of 25, they can fully inherit the assets in the trust without any restrictions.
Making Provisions for Pets in Your Will
Our pets really do have a special spot in our hearts, don’t they? They give us so much love and companionship without asking for anything in return. But hey, have you ever thought about what might happen to your furry buddy if something were to happen to you? It's a tough thing to think about, but figuring out their future is really important.
What Happens to Animals When Their Owner Dies?
When a pet owner passes away without making any arrangements for their furry friends, their beloved pets may find themselves in a challenging situation. Sometimes, if there aren't any family or friends who can take in the pets, they might find themselves in shelters or, in the worst cases, face euthanasia. This tough situation really highlights how crucial it is to take steps to ensure your pets are taken care of in the future.
Can I decide who looks after my pets in my Will?
One great way to make sure your pets are taken care of is by including them in your will. It’s a good idea to chat with a professional estate planner to make sure your instructions hold up legally. When you're thinking about your will, keep these things in mind:
Choose a Guardian: Pick someone you trust to look after your pets and make sure they’re well taken care of. Have a chat with the person you've picked to see if they're on board with taking on this role.
When it comes to financial provisions, think about setting aside some money for your pet's guardian. This can help cover ongoing costs like food, vet visits, grooming, and any other special needs your furry friend might have.
Can I leave everything to my pet in my will?
No, you can’t. Pets are considered chattels, which means they can't directly inherit money, property, or other assets. If you were to say in your will, “I leave my entire estate to my dog, Max,” that wouldn’t hold up because Max, being a pet, can’t legally own anything. The law states that beneficiaries must be individuals, charities, or organisations that have legal standing, and unfortunately, that doesn't include animals.
What are the benefits of giving to charity in your Will?
Leaving a gift to a charity in your will can be a thoughtful and sensible choice. It not only lets you back the causes that matter to you, but it also brings along a bunch of perks, like inheritance tax benefits, a sense of personal satisfaction, and a way to protect your assets.
How do you add a charity to your will?
You just simply add it in as a gift the exact same way you would leave a cash gift to anyone else. It’s handy to have the details of the charity, such as their charity number and address.
Leaving a charitable gift in your will can really help lighten the load of inheritance tax for your heirs. In the UK, if your estate is worth more than £325,000, you'll have to pay inheritance tax at a rate of 40%. But if you give part of your estate to a registered charity, you can actually reduce the taxable value of your estate. If you give to charity, that amount won't count towards inheritance tax. Plus, according to GOV.UK guidance, if you leave at least 10% of your estate to charity, you could lower the inheritance tax rate on the rest of your estate from 40% to 36%. Your loved ones will get a bigger share of your assets, and the charity you care about will benefit from a nice donation. It's a great situation that helps both your beneficiaries and a good cause.
Practical Reasons - A Fall Back Clause: Life is always changing. When you name a charity as a beneficiary in your will, you're helping to safeguard your assets. Just a heads up, if your chosen heirs happen to pass away, the charity will step in as your backup beneficiary. This ensures that your assets can still help charitable causes even if the main beneficiaries are no longer around. It gives you peace of mind, knowing that your legacy will keep making a positive impact on others, no matter what happens. This thoughtful addition to your will gives you peace of mind by highlighting the practical aspects of leaving a gift to charity and its enduring value.
Alleviating Family Disputes: Making a charitable gift can also help avoid family arguments about inheritance. When heirs don’t see eye to eye, having a charitable beneficiary can really help bring everyone together. It shows how much you care about giving back and could help bring everyone closer together.
What happens if a charity named in my will doesn’t exist anymore?
A cy-près clause in a will lets you redirect a charitable gift to a similar purpose that aligns with your goals if the charity is no longer around, the project can't be carried out, or if other situations come up. What is a cy-près clause? It comes from the French phrase cy près comme possible, which means "as near as possible." It's flexible, helps you maintain your philanthropic goals, and steers clear of legal problems. If the donation for a soup kitchen doesn't go through, it might be used to support housing for the homeless instead.
What to do if my family situation is complicated?
Figuring out estate planning in blended families or after remarriage can be tricky. It’s all about finding the right balance between what a new spouse needs and what children from a previous relationship hope to inherit. If you don't plan things out carefully, your assets might end up with people you didn't intend, like a new spouse or their family, which could leave your kids with very little or even nothing at all.
Arrangements such as Protected Property Trusts or Flexible Life Interest Trusts can really help make sure your kids inherit while also taking care of your spouse during their lifetime. Having clear communication and a solid will is super important to prevent any disagreements and make sure your wishes are respected. Please read my other posts about these arrangements to learn more.
How do I know if my Will is valid?
The first thing to consider is making sure the will is your own free will, without coercion or undue influence from others. You may say, “I wouldn’t let that happen to me,” but an expert manipulator will know how to get what they want, so it’s important to recognise the signs. Consider yourself from an external perspective. Identifying undue influence can be tricky because it often happens in private. However, there are signs to look out for:
Changes in Estate Planning: Have you suddenly made alterations to a will or estate plan, especially in favour of one person?
Isolation: Have you become isolated from friends and family by the influencer?
Dependency: Have you found yourself dependent on the influencer for care, which can create opportunities for coercion?
Vulnerability: Are you vulnerable? Whether it be illness or your mental health, it can make you more susceptible to undue influence.
Who can be a witness to my will?
If you want to make sure your will is legally valid in the UK, you need to sign it while two independent witnesses are there, and they also have to sign it in front of you (it will not be valid if a witness leaves the room for a cup of tea) Both witnesses need to be at least 18 years old. Also, they can't be beneficiaries of the will or married to or in a civil partnership with any beneficiaries.
If a witness or their spouse or civil partner is listed as a beneficiary, they might end up losing their rights under the will. This requirement is really important to avoid any conflicts of interest and to keep the integrity of the will intact, making sure it truly represents what you want and is legally binding. To be honest, it’s better to just use witnesses who are completely unrelated and uninvolved.
What if I need to change my will? Do I Need to Write a Codicil or a New Will?
Do you think it's time to update your will? Are you thinking about creating a new will or just adding a codicil? Even though codicils seem like an easy and cost-effective way to make changes, there are several reasons why draughting a new will might be the better choice. For small tweaks like updating an executor, changing beneficiaries, or adjusting gifts, a codicil allows you to legally modify your will without having to rewrite the whole thing. But codicils can have some potential downsides that might lead to issues for your family later on.
The Hidden Costs of Codicils: At first glance, codicils might seem like a budget-friendly option, but they can actually end up costing more than you might expect. Every time there's a change, solicitors might charge fees, and those can really add up over time. Sometimes, the cost of having multiple codicils can surpass that of draughting a new will from the beginning. Also, having several codicils linked to a will might bump up probate taxes and create some confusion, especially if the original will is old or the changes are unclear. An updated will can really help avoid conflicts among beneficiaries and save you from costly court battles.
Why a New Will is Usually Better for Probate?: Probate really needs to be straightforward above everything else. Probate courts usually prefer a simple, straightforward will rather than one that has multiple codicils. Each codicil is its own separate document, so there's always a chance it could get lost, overlooked, or questioned. A missing or invalid codicil could significantly slow down the probate process, potentially putting your loved ones in a difficult situation. Also, differences between the original will and its codicils can lead to some legal challenges and confusion. Bringing all your wishes together into one updated Will can really help reduce the chances of running into issues.
Losing Codicils: What You Need to Know: Codicils are especially easy to lose or overlook. Even though a will is typically kept in a secure spot, codicils might not always be stored with the original document. If a codicil gets lost, the changes it made might not turn out the way you wanted. A new will is just one document, making it easier to manage and less likely to get lost or misunderstood. When you include all your preferences in one updated will, it helps make sure that nothing important gets overlooked or challenged.
Why Do People Still Use Codicils?: Some people go for codicils even with their downsides because they feel quicker and easier for small tweaks. Changing an address or swapping out an executor might feel like small tasks that don’t really need a whole will rewrite. In this situation, a codicil might come off as a handy and cost-effective solution.
When is it a good idea to make a new will?: While little tweaks can be handled with codicils, big changes typically mean you’ll need to create a brand new will. A new will comes with a bunch of advantages. A revised document makes sure your wishes are clearly communicated and helps to eliminate any confusion. Having a clear and up-to-date will can really help probate courts manage your estate faster, which means fewer delays and less chance for conflicts. A new will makes sure that nothing gets overlooked or forgotten, letting you review and confirm all your wishes. So, even though codicils might look like an easy fix, they can actually bring some risks that make the probate process trickier and could end up costing your family more in the long run.
Where is my will kept?
You can either keep the Will at home with your other paperwork, but this poses a huge risk. A survey by the National Will Register found that nearly one in five wills in the UK are deemed untraceable due to inadequate record-keeping. This can lead to lengthy delays in settling estates, with inheritances being withheld for months or even years.
What if the will is lost?
It's good to know that a copy of a Will cannot be truly considered a valid option when it comes to probate matters. So, you really need to do everything possible to find it.Think about who was in charge of keeping it safe. Who can we talk to about tracing the Will last? Have you talked about this with your family or friends? Do you think they might have it, or know someone who does?
Here are some steps you might want to consider:
If you check the copy of the Will, you might find the professional who drafted the original listed there. It’s a good idea to reach out to them directly. If you can't find the professional, maybe it's because the firm isn't around anymore.
Check with other local solicitors, especially if there are any records showing that the deceased had dealings with them on different matters. You might want to check with the local Law Society; they could help you out with this.
Get in touch with national Will registration companies.
Is a copy of the will acceptable?
You don't see it often, but you can actually apply to the probate registry to admit a copy of a Will. You need to submit the application according to Rule 54 of the Non-Contentious Probate Rules from 1987. The Probate Registry will want a detailed affidavit explaining how the Will got lost and what searches you've done to try to find it. It's important for them to know who would benefit from the estate if the copy of the Will doesn't hold up. It’s possible that there’s proof the deceased created a later Will, so the probate registry will want to know about anyone who would inherit if the deceased hadn’t left a Will, but wouldn’t get as much from the copy Will.
How can I make sure my will doesn’t get lost?
Very simply, it is best to use an independent will storage provider. I get around 2 to 3 enquiries every week from people who have given up trying to find their will after the firm of solicitors went bust, and they just decided it would be easier to do a new one. You can register your wills with places such as:
IWC Probate Services (usually available from carefully selected professionals)
When you hire a third party, you don't have to worry about the professional, and they probably won't keep it any safer than at home in fireproof and waterproof facilities. Professional storage typically comes with a nominal fee, but I believe the peace of mind it provides makes it worthwhile.
Final Thoughts
There we have it, a fully comprehensive from start to finish and beyond will writing walkthrough. If you’re looking to write your will or lasting power of attorney, book an appointment with Joshua Young. I am a will writer covering Farnborough, Basingstoke, Camberley, Aldershot, and the surrounding areas.
To find this blog, you may have asked the following:
Comments