Professional Will Writing

It is estimated that approximately 70% of the UK adult population have not made a will. This can lead to severe financial difficulties for those left behind which could have been totally avoidable had suitable advice been taken. If you die without making a will you are said to die 'intestate' & the Government will decide on how your estate is distributed, whilst Social Services will decide who will look after any children under the age of 18 if both parents are no longer alive.

What is a Will?

A Will is the most important document we ever write. It is our “final word” and it shows those we leave behind that we cared. More technically it is a “declaration of the intention of the Testator (the person writing the Will) (female is testatrix) as to what should happen to his property on his death”. The Will does not take effect until the death of the Testator and can be rewritten and revoked by the Testator at any time during his lifetime – so long as he has the mental capacity and intention to do so.

Why Make a Will?
  • To ensure the assets of the Testator go to the people he chooses
  • To appoint Guardians for children
  • To reduce Inheritance Tax (IHT)
  • To reduce the value of assets which can be assessed by the Local Authority if Nursing Home or Residential Home care is needed
  • To ensure the estate is distributed quickly and with minimum costs in legal fees
  • To avoid family arguments
  • To give the Testator and his family peace of mind
Who needs to make a professional Will?

Planning your estate and making a professional Will is one of the most important things you will ever do. By protecting your hard earned wealth and assets, and putting them in order, you can protect those people that matter to you the most.

Whatever your circumstances, to die Intestate (without having made a Will) leaves your loved ones in an uncertain and stressful position. Putting your affairs in order is one of the most important tasks you are likely to undertake.

Living Wills (Advance Decision)

A Living Will is a document designed to help clarify your position as regards to Advance Refusal of treatment. The document helps you to express your clear wishes in advance of the time when such difficult decisions may need to be made by your family and loved ones.

Top 5 Reasons Why People Don't Make a Will:

1. "I don't own much/anything, so it's not worth it/the cost"
  • List what you do own & it's value, you'll be suprised how much it adds up to.
  • You may not feel you own much/a lot, but who do you want it to go to? Without a will it may not go to who you want it to.
  • If you have children, then who do you want to look after them if they were orphaned? Without a will it is Social Services who will decide, not you.
2. "Everything will go to my spouse/partner/chrildren anyway"
  • It may not do as you think, as without a will the law on intestacy will prevail.
  • What do you know about the law of intestacy?
  • If anyone does miss out due to these laws, how do you think they will feel?
3. "I've never thought about making a will as I don't think I need one"
  • Then this is why we can help you by going through things with you, to establish what you have & what would happen if you don't have a will.
  • If you die without a will giving instructions, your family/loved ones will have to sort things out - how do you feel about that? How do you think they would feel?
  • You don't THINK you need one, but after we have discussed the reasons why you should have a will you may well change your mind.
4. "I don't want to talk about death/I don't want to tempt fate"
  • It can be a sensitive subject, but one which everyone needs top consider
  • Talking about death/making a will won't mean you die earlier!
  • We understand how you FEEL, many of our clients have FELT that way, but what they've FOUND after making a will is that it gives them peace of mind that it is done.
5. "I'm not going to die yet, so I don't need one!"
  • No-one intends to die early, but no-one can tell when this will happen.
  • No-one has a "crystal ball" to foresee when they will die, but it will happen.
  • But if you DO die before you intend to, what do you think will happen?
It is important for everyone to have a professionally drafted Will, one that you can be certain will be legally valid when you die.

No matter how simple your affairs may seem, or whatever age you are, a Will ensures that your wishes are set out clearly so that on your death your assets will go to the people you want thm to go to. If you have young children you can also appoint Guardians in your Will to look after them should you die before they reach 18.

Although a standard Will might meet the needs of a small number of people, most would benefit from the more specialist advice & planning provided by Boleyn Legal Services. This is because most people are not aware of the threats of Government & Local Authorities, or even certain faimily situations, to the assests they have worked so hard to gain & which standard wills may not protect against.