Wills: Frequently asked questions

A Will is a legal document that outlines how your assets and property should be distributed after your death. It can also name guardians for your children and appoint executors to manage your estate.

A Will ensures that your estate is distributed according to your wishes. It’s an essential tool to protect your loved ones and prevent unnecessary complications after you pass.

If you die without a Will (intestate), your estate will be distributed according to the Intestacy Rules.  This often means that your property and assets may not go to the people you intended. For example, your partner may not automatically inherit anything if you’re not married or in a civil partnership, which could cause complications for them.  Stepchildren also do not automatically benefit under the Intestacy Rules, which is an important consideration for those with blended families.

If you have no Will and no living family members, your estate will go to the Crown.

Yes, absolutely. Even if you’re married, you should have a Will.  It is a common misconception that your spouse will inherit your entire estate under the Intestacy Rules.  If you have children, your spouse will inherit your personal possessions and a statutory legacy (currently £322,000).  What remains will be divided half to the surviving spouse and the remaining half to be divided equally between the children.  This is not usually what the deceased person would have intended and in some situations can mean that inheritance tax is payable when the first spouse dies.

Having a Will ensures that your assets are distributed according to your specific wishes. It also allows you to consider other aspects, such as appointing guardians for children or leaving gifts to friends and charities.

Your Will can cover:

• Who inherits your assets: for example, property, money, and personal belongings.
• Guardianship and provisions for children: If you have any children under 18 years old, you can nominate a guardian to care for them if there is no one else with parental responsibility over them. You can also consider leaving financial provisions for their upbringing and education.
• Funeral wishes: Although not legally binding, you can specify your preferences for your funeral.
• Specific gifts: If you want to leave particular items to certain people.
• Charitable donations: If you wish to leave something to a charity.

At Owen White Catlin, we can help you ensure that everything you want is included and your intentions are clear.

It is possible for a couple to create Mutual Wills, expressing an agreement which intends to bind the survivor from changing their Will in the future.  However, it is not usually advisable to make Mutual Wills, as they are inflexible and can lead to litigation further down the line.

A better option for couples is usually to create Mirror Wills, which are made at the same time in similar or identical terms, but are two independent Wills, which can be changed independently by each testator.  If your objective is to protect assets for your own beneficiaries, for example to avoid them passing elsewhere on remarriage, then you may consider including a trust in your Will.

Yes, you can change your Will at any time as long as you are mentally capable and there is nothing in your Will to prevent you from doing so. If your circumstances change, such as births, deaths, marriage, divorce, or a change in your financial situation, it’s important to review and update your Will accordingly and to gain fresh advice on Inheritance Tax.

A Will remains valid until it is revoked or replaced by a new Will. However, you should review your Will regularly and update it when significant life changes occur.

Your Will should be kept in a safe and secure place, such as with your solicitor or in a safe deposit box. It should be accessible to your executor when needed, but not easily accessible to others who might tamper with it.

Executors are named individuals in your Will who are responsible for administering your estate, ensuring that the wishes contained in your Will are carried out.  They will call in all of your assets after your death and distribute them in accordance with the terms of your Will.  You can appoint anyone you trust, such as a family member, friend, or professional executor like a solicitor. It’s important to choose someone who is reliable and capable of managing the responsibilities involved.

Yes, an executor can also be a beneficiary of your Will. Many people choose to appoint family members or close friends as both executors and beneficiaries, as they are likely to have a good understanding of your wishes and there is an incentive to deal with the administration of the estate in a timely fashion.

Although it’s not legally required, it’s a good idea to speak to your executors about your Will.

It’s beneficial that executors are aware of their role beforehand, so they know what to expect. It’s also important in avoiding any surprises, confusion or even disputes after your passing, especially if your choices might be unexpected. It’s also useful for them to know where to find important documents and your solicitor’s contact details. It can make their job much easier when the time comes.

Inheritance Tax may apply if your estate exceeds a certain value when you pass away. There are exemptions and allowances available, and careful planning with your solicitor can help reduce the impact of Inheritance Tax on your estate. We can guide you on how to structure your Will in a tax-efficient and compliant way.

Debts are typically paid from your estate before any assets are distributed to your beneficiaries. This can include mortgages, loans, or credit card debts. Your executor will handle settling any outstanding debts as part of the probate process.

While yes, your overseas property can be included in your Will, you may need to make provisions for it in the jurisdiction where the property is located. We can help you navigate international estate planning to ensure everything is covered.

Yes, a Will can be challenged by someone who would normally expect to benefit under your Will, or who feels that you were not of sound mind when it was made.  A challenge could lead to a costly and lengthy legal process, which is why it’s important to ensure your Will is clear, properly executed, and regularly updated.

Your solicitor can advise you of steps that you might take to defend your estate against any potential challenges to your Will.

While it’s possible to make a Will without a solicitor, it’s not recommended. An improperly drafted Will can lead to confusion, delays, or disputes among family members.  If a Will is not validly executed, your estate might end up passing under the Intestacy Rules contrary to your wishes.  A solicitor will ensure your Will is legally valid and accurately reflects your wishes.