Legal Wills. What they are and Why You Should Consider Writing One

A legal Will is often something most people don't think about or just put off because of its relationship with our own mortality. However, having a carefully drawn out Will can save time, money and stress for anyone you care about that is left behind. So what does this all entail?

Simply, a legal Will sets out who will receive a person's estate after they die. A legal Will should also include the appointment of executors (the people who administer the estate), and guardians if there are children under the age of eighteen.

Without a legal Will, any of the following may apply:

- A spouse/civil partner may only receive a small part of the estate that has been left Co-habiting partners, non-blood relatives and friends will not automatically receive any part of the estate

- The court will decide on who looks after children who are under eighteen years of age

- Children from previous relationships could potentially be excluded from a share of the estate

- Children or grandchildren may receive a share of the estate contrary to the wishes of the deceased person

- Family heirlooms may pass to people outside of the family

- Assets may be used to pay for care fees thus substantially decreasing the value of an estate

- Administration expenses are generally increased

- The entire estate may pass to the government

- It may be too late to state any funeral wishes

It may be that an existing Will is in place already, but clients should always consider the following:

- Changes to family members. If there has been an addition to, or a death in a family, a Will may need to be updated to reflect this situation

- Marriage/Civil Partnership. Either of these events will automatically revoke any existing Will and a new Will should be prepared immediately

- Divorce. Getting divorced does not revoke a Will in its entirety but the former spouse/partner would not be allowed to act in the administration of the estate and any benefit they had under a Will would be revoked

- Separation. The effect is not the same as divorce, however a Will should be re-written to reflect the change in circumstances

- Financial changes. It is important to keep an eye on the value of an estate to stay one step ahead of any inheritance tax liability and to also ensure that the estate is sufficient to provide for any legacies that may have been left

- Property abroad. It is essential that a Will is made in the relevant country to ease the administration of the estate. Different countries have different laws and any existing Will that may be in place may only take into account UK assets


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Jo Robinson is head of FB Wills Direct a company owned by Flint Bishop Solicitors. Find out about making a will quickly and cheaply at our web site www.fbwillsdirect.com or contact jo.robinson@flintbishop.co.uk