Wills

We understand that thinking about the future can be difficult.  A Will can make things easier for your family after you have gone.

A Will is a document which outlines what you wish to happen when you pass away. Your Will can include your funeral wishes and who you wish to leave your assets to. Such assets will include your home, bank accounts, investments, and your personal possessions.

It is worth noting that any assets or property that you hold jointly with any individual, will automatically go to the survivor. This will not form part of your Will.

WHY MAKE A WILL

Making a Will ensures that your wishes are carried out. It clearly states who you wish to leave in charge of your home and accounts and where you would like these to go.

There are certain formalities to making a Will. If these formalities are not followed, this can result  in your Will becoming invalid. Whilst you are able to make ‘homemade Wills’, we advise clients to use a specialist Solicitor to make a Will.  Homemade Wills can result in mistakes or create trusts that you did not intend. This can cause stress and expense to your family.

WHAT TO CONSIDER WHEN MAKING YOUR WILL

Some of the things you may wish to consider when making your Will are:-

• Funeral Provisions
• Your Executors– Executors are responsible for administering your estate and carrying out the terms of your Will.
• Unmarried Couples– If you are unmarried or not in a Civil Partnership, you cannot leave your assets to your partner unless you make a Will. Not leaving a Will could leave your partner in financial difficulties or even homeless.
• Young Children– If you have children under 18 in your care your Will allows you to appoint a Guardian for them should anything happen to you.
• Cash gifts and gifts of your personal items– Many people have close friends, charities and other people who they would like to leave a gift for. You may also have a rare collection of antiques or cars. If you do not make a Will gifting these collections they could end up being sold individually.
• Who will inherit the rest of your estate–You can also specify who you would want to inherit if your first beneficiary dies.

WHAT HAPPENS IF YOU DO NOT MAKE A WILL!

If you die without leaving a Will, your assets and property will be shared out and dealt with according to certain rules. These are known as the rules of intestacy and may not be what you want. Many people believe that without a Will everything will go to their Spouse however this is not always the case. The list of people who will inherit or having survived you in order are;

1. Married and Civil Partners
2. Children/ grandchildren
3. Parents
4. Brothers and sisters or their descendants
5. Grandparents
6. Uncles and Aunts or their descendants

A partner or close friends or even children you consider as your own will receive nothing if you do not make a Will.

MAKING CHANGES TO YOUR WILL

It is advisable to review your Will at least, every two years to ensure it reflects changing circumstances. You should review your Will when a major event happens in your life, such as:

• Marriage/ Re-marriage/Divorce/Cohabitation
• The birth of a child within your family
• You inherit some money
• One of your named beneficiaries, executors or guardians dies or becomes mentally incapacitated
• You move house
• You have to provide care for a family member
• You have disposed of assets you had specified to give away in your Will

WHY WAIT ANY LONGER?

Here at Baches we can ensure you Will is made correctly and all matters are considered in detail for further help, advice and assistance. Please contact our Private Client Team for further information.