Making a Will
Making a Will not only ensures that your wishes are carried out after your death but that your loved ones are looked after in the way you intended. With couples often marrying for a second time or more, it’s important that your extended family are looked after.
A Will states how your assets will be divided when you die. Whilst that may not be pleasant to contemplate, it is a vital document to make. If you do not have one, the law sets out what will happen instead. Most people assume that if they are married, their spouse will inherit everything they have to leave. However, that is not the case – children and wider family members such as parents, siblings and even grandparents may also benefit.
At EMG Solicitors we have the expertise to ensure that happens. Here’s why it’s important to make a Will.
- Peace of Mind – You’ll know your affairs are in order and your family will be clear about what you want following your death.
- Your Personal Representatives – You can decide who you would like to carry out your wishes and deal with your affairs after your death.
- Your Children – You can decide who you would like to care for your children after your death or the death of your partner. You can also decide at what age you would like them to inherit and who you would like to manage their inheritance until they reach that age. If you have a disabled or vulnerable child, you can ensure any inheritance is dealt with in such a way that the child does not lose their means tested benefits and protects the inheritance. At EMG we are specialists in these areas so talk to us about your concerns.
- Second Marriages – A Will can ensure children from a previous relationship are provided for.
- Your beneficiaries – You can specify who will inherit your money, savings and other assets.
- Tax planning – You can ensure family assets are ‘protected’ and there are steps you can take within your Will to minimise any liability to pay Inheritance Tax on your death.
- Protecting your home – A simple trust within your Will allows your spouse or partner to live in your home and draw an income from your assets whilst ensuring the assets are not used to pay for the cost of debts accumulated during your lifetime such as nursing or care home fees.
- Unmarried – A Will can ensure your partner is provided for after your death.
- Your Funeral – You can stipulate what you’d like which will make it easier for loved ones when they come to arrange your funeral.
- To prevent the intestacy rules being applied – These rules stipulate who will inherit your assets if there is no Will in place.
How much does a will cost?
It is really important that your Will is tailored to meet your specific needs, so we would strongly recommend that you speak to us in order that we can provide specialist advice. Before we do any work for you, we can provide you with a fixed fee quote so you know exactly how much you will need to pay from the beginning.
What happens if I don’t make a Will?
The intestacy rules govern who should benefit from your estate if you have not made a Will. Click here to view our flow chart to explain how it works.
Why is a creating a carefully drafted Will important?
Creating a carefully drafted Will and/or Trust can help you and your family maximise the amount of inheritance they receive and minimise the amount tax owed in the event of your death. We explain all of your options to you and create a solution that meets all of your needs. We can also advise on wider issues such as dealing with the proceeds of life assurance and pension policies upon your death in the most tax efficient manner, often avoiding paying thousands of pounds of unnecessary inheritance tax.
If you would like to chat through the possibilities for your Will or tax planning further, please contact us today to speak to a member of our Wills, Trusts and Probate team.