The practise of making a will and/or planning one’s inheritance dates back at least to the Greeks and Romans. The urge to leave something to one’s offspring after one’s death is ingrained in the human psyche. To this end, people have been making wills and trusts for as long as there have been people in the world.
Some of our earliest legal systems dealt with issues related to inheritance. Today, however, the Rules of Intestacy dictate what happens to a person’s inheritance if they pass away without a Will. These documents determine whether your spouse or, if you have none, your children will inherit your estate. If you don’t have any offspring, your closest living relative will inherit it. Which was adequate when we just had one spouse and two and a half children, or when we only had a single vehicle, a single home, and a single bank account. But if you want to make sure that your loved ones get what you want them to, if you want to leave any presents (monetary or otherwise) to anybody other than your immediate family, or if you merely want to minimise your inheritance tax burden, you will need a will.
And yet, despite all this, just 60% of us have Wills. Most likely, this is the case because people are content with the way things are legally or because they don’t see the need in leaving. More information can be found in our Will section or Will FAQs, but the fact remains that a valid Will is necessary for the vast majority of people to prevent legal and personal issues after their death.
Do it yourself?
Why can’t I just write it myself? Among the most frequent inquiries we get, this ranks high up there. We offer estate plans, so of course we’re going to say no. Though we hope you’ll consider working with us, we think the vast majority of people would benefit from working with a professional estate planner or lawyer to draught their Will.
When can you write a Will yourself?
It is possible for some people with straightforward circumstances to write their own Will. According to the Money Advice Service:
‘This is only really a viable option if your affairs are simple. For example, if you are married or in a civil partnership with children and want to leave everything to the survivor of your first death and your children in, say, equal shares on the second death.’
They do, however, point out that there are specific ways things must be written and witnessed to ensure the Will is valid, and that inheritance laws and taxes may change after you write your Will, so it is critical to seek professional advice to avoid any pitfalls.
They also recommend that you hire a lawyer if you have any of the following circumstances:
- Your estate may be required to pay Inheritance Tax (currently, you may be required to pay if the value of your estate (including property) exceeds £325,000).
- You have a complicated family situation, such as former partners or estranged children, and you want to ensure that your estate can be divided as you wish. You want to protect someone’s interests after you’re gone, such as a disabled family member.
- You want to discuss your options with an expert, or you need some support you can rely on.
You probably need more than just a Will
A Will is only one document that should be included in your estate plan; everyone should have a Lasting Power of Attorney (LPA) in case something happens that renders them unable to make decisions for themselves. And, with the cost of dying rising year after year, it makes sense to lock in the cost of Probate now. Finally, if you want more control over who receives your assets and how they are used, you can use a Trust.
An experienced estate planner will be able to create a plan that meets all of your requirements.
Save Money
Without a Will and an Estate Plan, you and your family may end up spending more money in the long run on things like probate, court fees, solicitors, and taxes. An experienced estate planner understands how to maximise tax and financial benefits for you and your family.
Paying a flat fee in advance is more straightforward and will save money in the long run.
Save Time
Having us handle the complex task of writing a thorough Will relieves you of some of the burden. Putting together a Will can be time-consuming, so let us do it for you.
Wills Are Complicated
We’ve already mentioned that this is a complicated process that is constantly changing as new laws are passed that affect what happens to your estate. It’s our job to stay on top of these developments, so you can rest assured that whatever happens, your legacy will be safe.
Experience
We can offer impartial experience and objectivity in addition to our knowledge; is it a good idea to leave everything to your dog? Is your 18-year-old child truly prepared to handle a large sum of money or a property? Where would your new spouse live if you left your house to your children? We’ve seen it all, so we can spot potential issues and help you devise a strategy to avoid them.
No Second Chances
There are no second chances when it comes to your Will and Estate Plan. Using estate planners ensures that everything is done correctly the first time.
And if your circumstances change, such as a new marriage or a new grandchild, or if your financial situation changes, we’ll be there to update your plan.
Keep Your Will Safe
Our solicitors will secure your Will in water and fireproof storage for you. If something happens to your Will and it is lost or damaged, your Will is null and void. Keeping it safe with us ensures that your Will is always secure.
Why Use A Estate Planner?
Estate Planners specialise in Wills, and as such, we’ve helped people in a variety of situations and with varying needs that a solicitor may not have encountered before. We will implement a tried and tested plan, whereas a solicitor may use knowledge that they have never used before.
If you have a trusted family solicitor, please run our advice by them for peace of mind.