Will Writing Solicitors
At AWH, we can help you to get a Will written up quickly and efficiently, while making sure that no important information is left out.
Our specialist solicitors can help you with any queries you may have, contact us today on 0800 999 2220 or request a call back online and we will call you.
Why do I need a will writing service?
Leaving a will allows you to legally document what you want to happen to all your money, property, investments and possessions after you pass away.
If you don’t have a legal Will, you will be defined as having passed away ‘intestate’. This could potentially mean:
- Some family members, including children, will not inherit anything
- Your home will have to be sold
- Inheritance Tax is higher
- Your whole estate is given to the Crown
For these reasons, it is always advisable to have a Will written up, whatever stage of life you happen to be in.
Drafting a Will
When thinking about writing your will, you will have to think about:
- The value of your estate – this includes how much money you have in bank accounts and pension funds, any property and/or land that you own and any investments that you have made
- Who you would like to benefit from your Will – this could mean leaving people a percentage of your money, possessions, or property.
- If you were to pass away, you would look after any children you have that are under the age of 18.
- Who you would appoint as Executor of your Will – they will sort out your estate and carry out your wishes.
If you would like to leave a contribution to charity, then we can also arrange for this to be set up.
The Legality of your Will
Whilst it is possible to write your own will, there is a chance that it may not meet the criteria that is laid down under the Wills Act 1837. A Will is only legal if you:
- Are 18 or over,
- Write it voluntarily
- Are of sound mind
- Sign it in the presence of two witnesses who are over 18, and
- Have your two witnesses sign it in your presence
We can help you if you want to write a will for yourself or with your partner, and can help you understand how the process works when you pass away. There are some situations that can make writing a will more complicated, such as:
- If you are a cohabiting couple, but are not married or in a civil partnership
- Have an ex-partner or spouse to consider
- Have step-children to consider
- Own a business, or several businesses
- Are a resident in the UK but own property or business abroad
We can help you with all possibilities, and keep it straightforward.
Appointing a Will Executor
When writing a will, you also have to appoint at least one Executor to handle your money, property and possessions – or your estate – after you pass away. Executors are still able to be beneficiaries of your Will, so you can still leave property, money or possessions for them to inherit after you’ve gone. It is also possible to appoint multiple people as executors of your will. They will have an equal amount of responsibility when it comes to carrying out the tasks necessary for an executor, and you can appoint up to four people to act as join Executors. A solicitor can act as an Executor, so some people see it best to appoint one family member and one solicitor.
Will Executor Responsibilities
Whoever you appoint as your Executor(s), they will have several responsibilities after you pass away, including:
- Applying for Probate to make sure that all your property is secure as soon as possible and that all the assets due to you, including money and property, can be collected.
- Distributing your estate to the people entitled according to your Will.
- Ensuring that any taxes necessary are paid as soon as possible.
- Registering your death and getting copies of your Will.
We are happy to advise you on the most suitable type of Will for you, and how to go about appointing Executors. We can also hold a copy of your Will so that you don’t have to worry about keeping it safe.Get in touch
How to write a legal Will?
In order to write a legal Will, the Will must be witnessed and signed by two independent witnesses, and signed by you. The witnesses cannot be family members and cannot be left anything in your estate.
It is possible to write a legal Will without a solicitor, but to be on the safe side many choose to employ a solicitor who specialises in Wills.
How to get Probate on a Will?
In order to get a 'Grant of Probate' on a Will you have to apply for the legal right to do so. You will have to report the deceased person's estate value and pay Inheritance Tax. You can only apply for Probate if you are an Executor of the Will.
You can apply for Probate on a Will on the government website if you have the original Will, have the original death certificate and have reported the estate's value.
What is an Executor of a Will?
An Executor of a Will is a person who is appointed by the person who owns the will to take care of handling their estate after they have passed away.
This includes property, land, businesses, investments and money owned by the person who the will belongs to.
How many Executors can you have on a Will?
You are entitled to appoint up to four people as Executors of your Will. Some people choose to appoint more than one Executor just in case one person dies before or at the same time as them.
Make sure to appoint people you know will be able to work fairly together without many clashes, as they will each carry equal responsibility for tasks that need completing after your death.
Can a solicitor be an Executor?
Yes, a solicitor can be an Executor of a Will. You will have to appoint them as an Executor in the same way that you appoint any others to carry out the role. Solicitors are entitled to charge for their services, however, so will likely charge you to appoint them as an Executor.
What is the Executor of a Will entitled to?
The Executor of a Will isn't entitled to anything unless they are listed as a beneficiary in the Will. They can be both an Executor and a beneficiary, and so can inherit property, belongings and money in the same way someone who is solely a beneficiary can.
Do solicitors keep copies of Wills?
Solicitors often do keep copies of Wills, but ultimately a Will belongs to their client, and after they die, their estate. Different solicitors have different policies, so how long they keep their copy for will depend on the company.
If it is not in your solicitor's policy to keep a copy of your Will, you can request that they do so.