Making A Will

Nobody knows for sure what the future holds. Writing a Will, and keeping it up to date, is the best way to address this uncertainty and make sure that you have provided for your loved ones, whatever happens.

What is a Will?

A Will is an important legal document that sets out how you would like your estate to be managed in the event of your death.

This should include:

  • Who you want to name as executors (the people who will be responsible for managing your estate)
  • Who you would like to take guardianship of your children, if appropriate
  • Who you would like to leave specific property, personal possessions or bequests to
  • Who you would like to inherit the residuary of your estate (everything that’s left)

A Will can also include any wishes for your funeral, though your loved ones will not be legally obliged to comply with these.

In order to be considered valid, a Will must be signed in the presence of two witnesses.

Why should you make a Will?

Making a Will is the only way to ensure that your estate is distributed exactly as you would have chosen.

If you don’t make a Will, or if the Will you leave behind isn’t valid, your estate will need to be distributed as per the intestacy laws. Intestacy laws only benefit close blood relations and married or civil partners. If your Will was to be distributed along these lines, any unmarried partners or step-children would not benefit, while a spouse you were separated from would.

Even if you think your situation is straightforward, it is far better to make sure you have properly recorded your wishes in a Will. This could save your loved ones from a great deal of uncertainty after your death.

An experienced solicitor will be able to help direct your assets away from nursing home fees. Writing a Will could also help to ensure your loved ones don’t pay more inheritance tax on your estate than they need to.

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Do you need a living Will?

The term ‘living Will’ is sometimes used to refer to legal documents called advance decisions and advance statements. Advance decisions and advance statements allow you to set out your preferences for medical or life-sustaining treatment in the future.

These documents are particularly helpful if you want to be confident that your wishes would be known in the event that you were unable to communicate them to medical professionals. This situation might arise if you were diagnosed with a condition such as dementia, or if you were unconscious following an accident or medical emergency.

Depending on your circumstances, you may be able to use an advance decision or advance statement to refuse life-sustaining treatment such as resuscitation, life-support, blood transfusion or transplant. You may also be able to use this type of document to make your preferences clear for the type of medical treatment or care you would like to receive.

If you’re concerned about how to make sure your medical wishes are known in the future, we can advise you on how best to do this. An advance decision or advance statement might be a good solution for you, or a Lasting Power of Attorney might be a better fit. Please get in touch if you would like to talk through your options.

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Talk to our team about making a will

Our team will be able to help you navigate the process and ensure all bases are covered.

Frequently asked questions about wills

We understand that this can be a complicated and confusing time. This is why we’ve put together these FAQs to help you know what to expect. Please get in touch with us if you have any questions about Making a Will and our Will Writing solicitors will be more than happy to help you. 

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.

Get the legal advice you need

Dealing with legal issues can be confusing and stressful. We understand this, and we’re always on hand to untangle jargon and offer support.

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