Make a basic Will

A Will is a legal document by which a person provides details of who will manage their estate upon the event of their death. Any individual is entitled to make a Will provided they have the necessary capacity. A Will must comply with certain requirements to be valid.

A Will gives you a greater degree of control over your affairs following your death as it enables you to choose what will happen. If you do not have a Will the law provides for a set of fixed rules, which govern how a person’s estate will be distributed in the event that they die without a valid Will in place. These are known as Intestacy Rules.

The distribution of the estate depends entirely upon the number and class of surviving relatives. Key issues arise:

• if you are married or in a civil partnership, it is not automatic that your estate will pass to your spouse or civil partner
• the rules make no allowance for friends or charities
• if you are unmarried but have a partner, then they have no entitlement even if you share a home and irrespective of the length of the relationship

The rules are complex and in certain circumstances could mean the estate is distributed to the Crown.

By making a Will, you can

• choose who will be your executors (the persons who are responsible for carrying out the administration of your estate) rather than leaving it to chance
• choose who benefits under your Will instead of relying on the strict statutory rules - eg ensure your spouse inherits the whole estate; include the relatives you wish; provide for an unmarried partner; benefit friends; leave gifts to charities
• choose the age at which children and/or grandchildren inherit, and create a trust for their benefit
• incorporate provisions to reduce the risk of assets being assessed to pay for long term care fees if your spouse requires care
• incorporate planning to minimise inheritance tax
• deal with ‘special situations’ relevant to you - eg assets abroad; ownership of a business; looking after pets or other animals; addressing potential claims against your estate
• include wider powers for the executors and trustees to assist in the administration of the estate and any trusts.

Linder Myers are members of the Certainty Will Registration Scheme, which provides for a national register of Wills to ensure that your Will is found following your death. Certainty is endorsed by the Law Society and the Society of Trusts and Estate Practitioners. Your Will remains stored with Linder Myers and the terms of the Will remain confidential. You can still make a Will without it being registered but, unless you instruct us otherwise, we will register your Will with Certainty for a one off fee of £25 that covers the costs to us of registration. We will provide further information when you make your Will – you can also get information from www.certainty.co.uk