Funeral Guide

MAKING A WILL

BY making a will you can decide what happens to your property and possessions after your death. Although you do not have to make one by law, it is the best way to make sure your estate is passed on to family and friends exactly as you wish. If you die without a will, your assets may be distributed according to the law rather than your wishes. Why it’s important to make a will A will sets out who is to benefit from your property and possessions (your estate) after your death. There are many good reasons to make a will: you can decide how your assets are shared - if you don’t have a will, the law says who gets what if you’re an unmarried couple (whether or not it’s a same-sex relationship), you can make sure your partner is provided for if you’re divorced, you can decide whether to leave anything to your former partner you can make sure you don’t pay more Inheritance Although it is possible to write a will by yourself, it is advisable to use a solicitor as there are various legal formalities you need to follow to make sure that your will is valid. You may also need legal advice for more complicated matters. A solicitor can also advise you about how Inheritance Tax affects you. A solicitor may be able to visit you in your own home, care home or hospital. The cost of writing a will can vary between solicitors and will depend on how complicated your affairs may be and the experience of the solicitor. As well as solicitors, voluntary organisations such as Citizens Tax than necessary. Preparing your will

Advice Bureau and Age UK can also help with your will. What should be included in your will Before you write your will or consult a solicitor,

change in your

life – such as getting separated, married or divorced, having a child or moving house. Any change must be by ‘codicil’ (an addition, amendment or supplement to a will) or by making a new will. What to do if there is no will If someone dies without making a will, they are said to have died ‘intestate’. If this happens, the law sets out who should deal with the deceased’s affairs and who should inherit their estate (property, personal possessions and money). Getting expert help from a solicitor When someone dies without leaving a will, dealing with their estate can be complicated. It can also take a long time - months or even years in some very complex cases. If matters are complex or you feel you need help, it’s a good idea to consult a solicitor as soon as possible. It’s advisable to show them all the information and documentation you have about the deceased person’s property, belongings and financial affairs. In the meantime, it may be a good idea to put small valuable items away for safekeeping. To find a solicitor you can use the search facility on the Law Society’s website or call them on 0870 606 6575 (Monday to Friday, 8.30 am to 5.00 pm). Who can deal with the deceased person’s estate? Usually a close relative like a spouse, child or parent will have the right to sort out the estate of the person who has died.

it’s a good idea to think about what you want included in your will. You should consider: n how much money and what property and possessions you have n who you want to benefit from your will n who should look after any children under 18 years of age n who is going to sort out your estate and carry out your wishes after your death - that is your executor An executor is the person responsible with passing on your estate. You can appoint an executor by naming them in your will. The courts can also appoint other people to be responsible for doing this job. Leaving a gift to charity in your will You may also want to consider supporting your favourite charities with a gift in your will, after you’ve taken care of friends and family. Follow the link to the ‘Remember A Charity’ website to find how to do this. www.rememberacharity. org.uk Where to keep your will safe Once you’ve made your will, it is important to keep it in a safe place and tell your executor, close friend or relative where it is. If a solicitor makes your will, they will normally keep the original and send you a copy. You can ask for the original if you wish to hold it. Keeping your will up-to-date You should review your will every five years and after any major

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