How To Make A Will

March 6, 2017 by Melinda at Giles Wilson Solicitors

How to make a will

There are various triggers that cause a person to decide they should make a Will; these include the death of someone close who may or may not have left a Will.  Sometimes a change in personal fortune or the birth of a child.

Approximately two-thirds of adults in an average town such as Leigh on sea do not have a Will, and a third of all adults will die without a Will.  As we age we are more likely to make a Will although the irony of this is that if we die whilst young, particularly with a young family, the more difficulties are likely to unfold if we do not have a Will.  Issues such as guardians for young children, death in service benefits and life cover to pay off outstanding mortgages.

More and more of us are entering into second marriages or relationships with step-children and jointly owned properties.  As we embark on happy new chapters of our lives we do not really want to think about our lives ending prematurely and yet if they do, the uncertainty of dying without a will adds to the distress of those left behind.

So what are the choices of how to make a Will?

DIY Wills

Packages are available on line where you can fill in the gaps.  The suppliers of these packages do not provide advice and do not look at whether the gaps have been filled in correctly.  As with all things DIY there is usually no guarantee that the finished product is fit for purpose; the problem with this form of DIY is that you are not here to see if it works out as you hope. 

Making a Will with a Solicitor

Obviously I am going to favour this; but why? Well apart from the obvious reasons which are that solicitors are trained to do this properly, we are also insured so that if we make a mistake your beneficiaries (or those that are missed out!), may have a claim against us!

However the real benefit is that a qualified solicitor will sit down with you and understand all the issues that affect the making of your will; this includes advising on inheritance tax, death in service benefits and life insurance and how these affect your will, how to ensure that your obligations to your dependants are met, and how to make sure that any sentimental items go to the right people. Proper advice when a will is made can also affect an ugly disagreement over funeral arrangements and reduces the chances of your will being successfully challenged. A solicitor’s file on the making of a will can be crucial evidence when a will is challenged. 

Most solicitors offer to look after your original will free of charge so that it is kept safe (not in one of those forgettable safe places that we all have in our own home) but in a proper vault and a record maintained of the safe custody of the will. 

Although my advice to use a properly qualified and regulated Solicitor to make a will is clear, I will finish off with a couple of examples of more light-hearted bequests that have been found in wills. 

Apparently the US comedian Jack Benney left a bequest that a single red rose be delivered to his wife each day for the rest of her life, and a terminally ill man in his 60s left £3,500 for his best mates to have a boozy weekend in a European city after his death.

Sometimes this job brings a smile….

This article is by Melinda Giles at Giles Wilson Solicitors
For legal advice please call 01702 477 106 or visit one of Giles Wilson's offices: 1711 London Road Leigh, 54 Leigh Broadway, 5 Roche Close Rochford
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If you would like to put forward a question to Melinda, please comment below or email joanna@leigh-on-sea.com