Anyone who is 18 or over, unless you are in the armed forces on active duties AND Of “sound mind” – this means that at the time you make a Will you must be able to understand what you are doing. This is important because a Will can be declared invalid if you don’t. This may be important to consider if, for example, someone is very ill and on very strong painkilling medication such as high doses of Morphine. We can help in this situation and you can speak with our advisors on this issue by phoning 0844 445 7981.

Formalities

Anyone meeting the criteria above can make a Will – it does not need to be made by a Solicitor. However the Wills Act 1837 lays down certain formalities. We can help you with this and make it a very simple and easy process.

Did you know that?

Under the laws on intestacy a spouse or civil partner will only automatically inherit the first £450,000. This does not include couples who are living together! They are not always recognised under the rules!

• Unless you make a Will appointing legal guardians for children under 18 they could face being cared for by Social Services.
• Did you know your divorce renders any existing will made before the divorce invalid.
• Without a Will you have no say as to who gets what e.g.: items of jewellery or of sentimental value
• Without a Will your dependants may face a period of financial hardship and uncertainty; in some cases even the family home may be at risk
• You can change or amend your Will as often as you like! A new Will automatically revokes an old Will.
• If you have children from more than one marriage your Will can ensure that you make provision for all your children and your spouse
• A Will is only effective once the Testator has diedWithout a Will, any beneficiary over 18 will inherit immediately, the funds cannot be held in trust until they are older and perhaps more mature. In a Will, you can specify the age that they inherit i.e. 21, 25 etc.

Careful Will planning can mean that you pay less Inheritance Tax – Under the current tax rules any assets passing to a spouse on death are free of inheritance tax. An individual can also leave assets up to limits which generally change on an annual basis. Until April 2009 this is £312,000.

If you do not make a Will then the Rules of Intestacy will apply and you have no say over who gets what – see our charts – for deaths before 1 February 2009 see intestacy before 1 Feb chart link for deaths after 1 February 2009 see intestacy after 1 Feb chart link

You can leave anything you want, to whomever you wish – subject to those financially dependant on you who may apply to Court.

What others don’t tell you.

Making provision for dependants

Whilst in theory you can leave everything that you own to the local cats’ home this may not prevent dependants from making a claim on your estate.

The Inheritance (Provision for family and dependants) Act 1975 entitles dependants of the deceased to apply to the Court for a share of the testator’s estate.

Dependant literally means those who, at the time of the death, were dependant on the deceased. So this will include spouses and children (of all ages) but could for example include a “mistress”.

The Dependant, called an applicant, must make the application within 6 months of probate being granted and
- has to show financial support from the deceased immediately before death
OR
- in the case of unmarried partners, prove that they lived with the deceased for at least 2 years immediately preceding death (no need to prove financial dependence).

The Court has wide powers including making an order for a lump sum of money to be paid to the applicant and for property to be transferred to them.

If you think this situation may apply, whilst we can’t promise we can avoid it we will do all that we can so that the Will reflects what you are doing and why you are doing it.