Wills

Preparing a Will is the only way that you can ensure that your wishes are honored in full after your death. In your Will, you can nominate who you wish to receive your assets on your death, potentially averting disputes over inheritance and ensuring the distribution process is done in the most tax-efficient way possible.

Without a Will, the Rules of Intestacy will determine the division of your estate and this may not reflect with your wishes or may mean that your loved ones might miss out on tax-efficient estate distribution.

Our team of Will drafting experts are able to create documents for you that will;

• Reflects your wishes in a legally valid document that is expertly drafted and witnessed.
• Appoints suitable executors who are competent and capable of dealing with the legal, financial and administrative responsibilities of finalising your estate in an efficient and timely  manner.
• Transfers your wealth to future generations or those you care about, in a tax efficient manner utilising all available exemptions and reliefs .
• Accurately reflect any gifts you wish to take effect after your death so that the potential for disputes is minimised.
• Protect minor children with the appointment of guardians and the creation of trusts for the management of their inheritance.
• Safeguards vulnerable beneficiaries with the creation of appropriate trusts.
• Ensures business continuity in a smooth and efficient manner.
• Supports charities close to your heart.

Having a Will in place will provide you with peace of mind in the knowledge that your wishes will be honoured, your assets will be distributed to the intended beneficiaries and that your estate will be protected from unnecessary tax burdens and concluded with all necessary liabilities settled.

Will FAQs

1. Why should I have a Will?

A Will is your chance to distribute your estate in accordance with your wishes, reflecting the personal needs of those you wish to benefit.

2. What happens if I don’t have a Will?

The estate is distributed according to the Rules of Intestacy. This can mean that your loved ones are faced with a lengthy administrative process at an already difficult time, which can lead to disputes between family members.

3. Are DIY Wills legally binding?

As long as they are validly signed and witnessed correctly, a DIY Will can be legally binding, but often they contain mistakes or can inadvertently result in partial intestacies which can create problems for the loved ones left behind. 

4. What is an executor?

An executor is a person appointed by a Will who is legally responsible for dealing with the deceased’s estate, ensuring the correct amount of tax is paid and making sure that the terms of the Will are complied with.

5. Does a Will have to be registered?

There is no requirement to register a Will with any central record. As long as it is signed and witnessed correctly, it will be valid.

6. Why should I use a solicitor to write my Will?

Whilst you can prepare a Will yourself, it is very easy to inadvertently make a mistake about the legal effect of the wording used. If you do, your family are unlikely to  know about that mistake until it is too late. Any unclear statements or errors in your Will can cause considerable stress to your loved ones. There are many benefits of using a solicitor to prepare your Will. A solicitor will discuss all of your options with you and make sure that your Will is prepared in a tax efficient way.

7. How often should I review my Will?

We recommend that you should review your Will every 3-5 years, or after any significant life event.

8. Can I exclude someone from my Will?

You can choose to include or omit anyone that you want to in your Will. However, if you exclude someone from your Will, this can increase the risk of a claim being made against your estate. If you are considering excluding someone from your Will, you should get professional advice first.

Next Steps: Get in touch

If you would like to discuss your Will then please don’t hesitate to reach out to our team of legal experts at John Hodge Solicitors based at our Weston-super-Mare, Clevedon, Yatton, Bridgwater, Bristol and Wedmore offices.