Wills & Probate
Why make a Will?
Making a Will ensures that you can leave your money property and possessions (your “Estate”) to whoever you want. You work hard to look after your loved ones; can you afford not to spare the time to make a will?
What could happen if you do not leave a Will?
If you die without a will your husband wife or civil partner will receive a “statutory legacy”. This is a set amount limited by law. If your estate is worth more than the set amount (currently only £125000) your spouse or civil partner will not automatically receive the whole of your estate. A recent high-profile case has shown how distressing and costly that can prove for the whole family.
If you live with your partner but you are not married or have not formed a civil partnership regardless of how long you have lived together and even if you have children if you die without a will, your partner will not automatically receive any of your estate.
If you have children from previous marriages or civil partnerships, or if you have remarried, but you die without making a will, your children may not receive anything from your estate.
If you have recently separated and were to die before a divorce were finalised, your estate could still pass to your spouse. It would not automatically pass to those you might like to benefit.
Why not just make a homemade Will?
It is far safer to seek professional assistance in making a will. Whilst you may have strong views on how you would like your property and possessions to pass, there is no substitute for legal advice on how best to set out those wishes, and to make sure your will is properly executed and valid. We have seen too many homemade wills which were not, to the dismay of the family members left behind.
Ingrams will be able to draft your Will reflecting your wishes, we can give the necessary advice on the advantages and disadvantages of a particular action and we may be able to provide a number of alternatives for you.
Already have a Will?
Even if you have already made a Will, is it up to date? It should be kept under review (at least every 5 years). Have any of the following happened to you recently or since you last looked at your will? :
Marriage / Civil Partnership (this usually automatically revokes earlier wills)
Divorce or separation
Inheritance
The birth of children or grandchildren
The death of people named in your will
The sale or disposal of assets mentioned in your will
Each of these circumstances could change the effect of your will. How might you feel if your wishes were not effective? Leaving a valid and up to date will protects your family from added upset and distress after you have gone.
There are many types of will and we have the expertise to advise you on the will that is right for your circumstances, be it a:
Simple single will just for you
Mirror wills for partners, husbands and wives
Will that protects assets in certain circumstances e.g.you have a disabled child
Will preparing for nursing home fees, to make sure that at least some of your property does not have to be used to pay for nursing home fees
Will incorporating a right of occupation, e.g. for your children to a certain age, for your partner or spouse
Will that helps make things clear in second marriages. E.g. who receives what, will the children receive a share
What do I do if I would like more information?
Please contact
Emily Wigg at our York office:
Ingrams Solicitors
10 Great North Way
York Business Park
York
YO26 6RB
01904 520600
emilyw@ingramssolicitors.co.uk
Or, click here to request more information
Or come to our Free Legal Clinic, which is held at our York and Hull offices every Thursday night between 5.00 pm and 7.00 pm.
