Frequently Asked Questions About Wills

Wills can be complicated and confusing, especially if you’re writing one for the first time. We’ve put together a comprehensive list of frequently asked questions to help you understand what to expect from the process.

If you have a question that isn’t answered here, please don’t hesitate to get in touch. Our expect Will writing solicitors will be more than happy to help.

Can a Will be written in an accessible format?

We strive to make our services accessible to everyone. If you are visually impaired, we are able to produce wills and related legal information in Braille, large print, audio and easy-read formats.

Legal documents contain personal information and we take your privacy very seriously. We produce all alternative formats via the ISO approved secure production unit of the Royal National Institute for the Blind.

If you have any questions about this process, or would like to enquire about an alternative format not mentioned here, please get in touch.

Can I update an old Will?

In some circumstances, it may be possible to add a ‘codicil’ to an existing Will. A codicil is a document that exists to amend a Will rather than replacing it with a new Will. However, in practice a codicil can often complicate matters. We will be able to advise you on whether it would be best to write a codicil or to produce and sign a new version of your Will.

What information will I need to write a Will?

Before we can work with you to write a Will, we will need to see proof of your identity. You can see a full list of the documents we will need to see.

To write your Will, you will need the full names and addresses of the people you would like to name as executors, guardians or beneficiaries. You will also need a list of any specific assets you would like to bequeath, as well as a good understanding of the extent of your estate.

Do I need to visit the office in person to make a Will?

During the process of writing a Will, you can choose to either meet with us in person or over video call.

Once we have prepared your documents and you are ready to sign them, you will need to sign the original copy in the presence of two witnesses. You can either visit us in the office to do this, or we can post the original copy to your home address. If you sign in the office, we will act as your witnesses. If you sign your Will yourself at home, you will need to arrange for two witnesses to be in attendance while you do this.

What is an executor and why do I need one?

An executor is an individual you appoint to administer your Will. They will need to manage the entire process of assessing your estate, paying any creditors, collecting in any debts you are owed, applying for probate and distributing your estate as per your Will.

If you don’t leave a Will, a close family member will need to apply for a Grant of Representation to be named your administrator in order to carry out this role.

What if none of my family members are suitable executors?

If you don’t feel that any of your close family members would be suitable for this role, you can consider other options. You might feel that a friend would be a better fit, though you would need to ensure they were willing to take on this responsibility. Alternatively, you might decide to appoint a professional executor, such as your solicitor.

Can a Will include instructions for caring for a pet?

A Will can include instructions for caring for a pet, though it is not possible to leave money directly to an animal.

Do I need to make a new Will after a marriage or divorce?

A significant change in your circumstances such as a marriage or divorce will affect the validity of any Will you have previously made. If you marry or enter a civil partnership after the date a Will is made, that Will automatically becomes invalid (unless the Will was specifically worded to accommodate the upcoming marriage). If you get divorced, or dissolve a civil partnership, your Will will still be valid, but your former spouse or civil partner will no longer be entitled to act as your executor or inherit from your estate.

Where will my Will be stored?

We recommend that the original copy of your Will is held professionally. All wills made at Roche Legal include storage, free of charge.

Does a Will need to be registered?

It is not legally necessary to register a Will, though it is good practice to make sure your Will is registered with Certainty. Certainty is the UK’s national Will register and records where original wills are stored. Registering your Will with Certainty would mean that your relatives would quickly be able to get in touch with the solicitor who is storing your Will if they needed to.

Do I need to make any special considerations as a business owner?

If you are a business owner, it may be wise to take extra precautions when writing your Will in regards to your business interests. An experienced solicitor will be able to advise you on how best to do this.

What if I have assets abroad?

If you have a connection with a foreign jurisdiction, perhaps because you have assets there or are a foreign national, then it’s really important to take specialist advice.

In some cases, we can prepare a Will for you that covers your worldwide assets. In other cases, we may recommend that you make a Will here and a Will in the other jurisdiction.

Making A Will Charges

For much of the work we undertake here at Roche Legal, we can offer a fixed fee. For non-fixed fee work, we charge based on our time spent on your matter in accordance with our hourly rates applicable at the time.

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