FAQ’S

 

Q. What is a Will?

A. A Will is a legal binding document that deals with the distribution of your estate after death. Your estate consists of anything that you own in your sole name i.e. property, money etc. Your Will is there to give instructions as to where you would like your assets to go. If you do not have a Will your wishes may not be carried out in the event of your death.

Q.Why should I make a Will?

A.You should make a Will so that your assets can be distributed in line with your wishes. Even if you feel you have nothing to leave you should still make a Will because anything you own in your sole name i.e. property, bank accounts, car etc. will form part of your estate.

Q.What is an Executor?

A. An executor is who you appoint to administer and distribute your estate after your death. You have to name a minimum of 1 and maximum of 4, we advise that if you are leaving anything in trust then you should appoint a minimum of 2 people as those same people will then act as your Trustees. You should choose executors that you trust to fulfil your wishes. There may be some complex issues that your executors may not feel comfortable dealing with such as probate in this case executors can appoint professionals such as solicitors to help deal with this on their behalf. Any cost that this will generate will be covered by your estate. We do offer a fixed fee for a probate service.

Q.What is a Guardian?

A. A guardian is someone you appoint if you have children under the age of 18.Whoever you appoint will look after your child/children, in the event of you dying before they reach 18. Popular nominations are your parents or brothers and sisters. If you wish to appoint 2 Guardians we strongly advise that they live at the same address.

Q.What is a beneficiary?

A. A beneficiary is the person/people you want to leave your estate to. This can be anyone (children, friends, parent’s charities etc.)

Q.Can an executor also be a beneficiary?

A. Yes, it’s quite normal to appoint a person who is a beneficiary as an Executor. Executors are a personal representative someone that you trust, that’s usually a spouse, child or close family member. These named people are usually the same people you would like your estate to go to.

Q.When will my Will become legal?

A.Once you have completed the instruction form with a consultant, we will prepare your Will before we professionally bind it. Your consultant will then arrange a date and time thats best for you to bring your Will to you to be signed and dated. Once Your Will has been signed, dated and witnessed it then becomes a legal document.

Q. My Marital Status has recently changed will this affect my previous Will?

A. Yes, your previous Will is now revoked (come to an end) this means you will need to make a new will as soon as possible.

Q.Who can be my witnesses?

A. A witness to your Will can be neighbour, friend etc, but it CANNOT be a Beneficiary, and it also CANNOT be the spouse of a Beneficiary.

Q. How do I change my Will if I need to in the Future?

A. If you wish to make any amendments to your Will in the future, then you can simply phone or email us at the office and one of our consultants will be happy to advise you on the best option.

Q.What is a Trust?

A. A Trust keeps part of your estate protected (such as your home, investment, money) for a defined period after your death. Your Trust will be dealt with by Trustees who are usually the Executors named in your Will. The most common form of trusts is a Minor Trust which arises due to someone, such as a child, not being old enough to inherit usually such Trusts cover children inheriting between the ages of 18 and 25. A Property Protection Trust is fairly common these days. This is where you can put the property into Trust for your partner or children.

Q.What could happen if I leave a child or spouse out of my Will?

A. If you chose to leave a child or spouse out of your Will then those said exclusions could make a claim on your estate under the “Inheritance (Provision for Family and Dependants) Act 1975”. If you wish to make exclusions then we advise you write a letter explaining why you are excluding them. Keep this letter with your Will.

Q. Where should I keep my Will?

A. Once you Will is signed and dated you need to make sure you store you Will somewhere safe and make sure your executors are aware of where it’s kept. We do offer a Storage facility, if you wish to store you Will with us we will send you the relevant information on how the storage service works.