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Wills

Posted by siteadmin on Friday 7th of August 2015.

Safeguarding your Estate and wishes

People put off making a Will for a variety of reasons. Whatever the reason this results in not safeguarding ones families’ future.

Putting off making a Will until it is too late poses many problems for your loved ones left behind and in the worst case scenario, your inheritance could go to the wrong person or to the State.

If you die without a Will

If you die ‘intestate’ – the laws of Intestacy will decide who inherits your estate, dependent upon a number of factors such as whether you are married or have children.

Without a Will

! If you are not married, your partner will not receive anything.

!  Ex-partners could make a claim on your Estate

!  Children you have from a previous relationship may not receive anything

!  You cannot be sure the people you wish to benefit would actually do so.

!  Children you have who are under 18 may be taken into care while the Courts chose who to look after them.

! Scarey Fact

The new Intestacy Laws make no provision for ‘common-law’ partners – even those who have children with the deceased. The only way non-married partners can inherit each other’s estate is to make a Will.

What to consider before writing a Will

If you are considering writing a Will but are not sure what to include, you may find it helpful to follow this quick check list to ensure you are confident of your wishes. You can then discuss them with your family.

Who to act as Executor and Trustee ?

You will need to appoint one or more persons to act as your Executor. These are people, who ensure that the instructions contained within your Will are carried out, so your chosen Executors will need to be trustworthy and reliable. The Executors will also need the time to carry out the lengthy probate process so it is helpful if they live nearby. Your Executor could still benefit from your Will and they can be your children as long as they are over 18.

Most people chose their spouse, partner, children or a close friend. Of course, if your Estate is very large you could appoint a professional Executor such as a Solicitor.

Choosing Guardians for your children

Writing a Will is one of the only ways you can chose a Guardian for your children. If you do not make provisions then the Law Courts will select them for you. If you have any children under the age of 18 you will need to provide at least two names to act as Guardian to your children.

Scarey Fact

Unmarried fathers who do not have parental responsibility cannot name Guardians nor necessarily become a Guardian, should the mother die. They can only become Guardians if appointed by the mother or obviously by marriage.

Who will be your Beneficiaries ?

Make a list of the full name (including middle names) and addresses of those you wish to include as beneficiaries in your Will, and what you wish to leave to them. Should all the beneficiaries in your Will die before you, you will need to think about who would inherit in their place. Perhaps you may wish to name a charitable body.

Gifts

Make a list of any specific gifts you wish to make in your Will e.g., jewellery, a car, furniture etc. and ensure that you give an exact description to avoid any confusion.

Your Funeral Wishes

Although it is not a requirement in your Will, you may wish to provide details of whether you would like to be buried or cremated, including any another details you may find relevant. If you would like to save money and pay for your funeral in advance it is possible to buy a pre-paid funeral plan.

Peace of mind

Don’t be one of the 60,000 people who died last year without a Will. Give yourself peace of mind and safeguard your family’s future.

Seek advice

Once you are sure of your wishes, the next step is to book an appointment with a Will Writer. We offer free confidential advice with no obligation to proceed. We can help you create a Will which ensures your assets pass to those you wish, granting you peace of mind and looking after your family when they need it most.

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