Wills FAQ’s

Do you have questions about making the right Will for you?

Making your Will is one of the most important things you can do for your loved ones. Your Will details your personal wishes (individual to you) and it gives you the peace of mind that your loved ones will be looked after in the future. This lets you get on with enjoying the other important things in life.

Below are some frequently asked questions about Wills that may help you, but please get in touch with our team if you need to discuss your situation further.

Why do I need to make a Will?

Whether you are single, married, have children or not, own a property or rent – everyone should make a Will. You may think you have very little to leave, but if you think about your assets such as cars, jewellery, property and even sentimental objects, who would you choose for these to be passed on to? If you have children, you do need to have some plans in place for them, such as who would look after them and to make sure money you leave goes to them at the correct time.

Isn’t making a Will expensive?

Not usually. Our initial interview, whether it is in our offices, by phone call, video call, or even in your home, is free. There are times of the year where we make Wills in exchange for a donation to charity, and we have offers that run throughout the year. To find out the cost of Wills, take a look at our Wills pricelists.

What would happen if I died without a Will?

If you died without a Will a variety of things could happen:

Without a Will you cannot be sure that those who you would choose to benefit after your death will be provided for as your estate would be distributed based on Government rules. This may include children from different relationships
Your spouse or partner may not receive the whole of your estate
Your unmarried partner will not inherit any part of your estate
If you are separated, but not divorced your spouse will still be classified as your next of kin
No part of your estate can be made for friends or charities
Inheritance Tax may be unnecessarily payable out of your estate

What happens if I don’t have a Will?

There are rules set out by the Government which you can see here

What are the benefits of making a Will?

You decide how your family, friends and any charities should benefit
You can appoint guardians for your children and trustees to look after their inheritance until they are of an age where they can responsibly access this
You appoint Executors you trust to administer your estate
You can decide your own funeral arrangements
You may be able to reduce the tax payable on your death
To make arrangements on who you would like to care for your pet

When is having a Will particularly important?

To ensure that young children are cared for
To provide for elderly or disabled beneficiaries
If you are separated or divorced
If you have remarried
If you have an unmarried partner
If you have children from different relationships
If you have beneficiaries who are in care, or receive benefits, or have financial or relationship issues

How can a Will support my children if the worst should happen?

Nobody likes to think about both parents not being there to bring up the children, but what if the unthinkable were to happen? Who would you choose to step in and be responsible for their day to day care? A Will names people who you would choose to care for your children in this situation.

If you have children under 18 when you die, serious problems can happen if you don’t make provision for them in your Will

Without a Will there are no specific rules as to who cares for your children. It is usually up to surviving family members to decide who take on this difficult role. But what happens if for some reason, those people are not suitable or there is disagreement?

I’ve got disabled relatives, how can I make sure they are taken care of?

A great deal of care is needed if you are providing for beneficiaries who are either physically or mentally disabled, or for people who receive certain kinds of benefits. This is particularly important if they may need to go into care, are physically or mentally incapable of managing their affairs, or receive benefits which may be stopped if they inherit money.

There are a number of different options available which should be discussed with someone experienced and regulated and qualified.

Why should I use someone experienced and regulated and qualified to make a Will?

We have seen many bad examples of DIY Wills, or Wills drawn up by people who are not experienced or specialised in writing Wills. These can cause financial loss, huge delays at a difficult time, and even more upset. Many home-made Wills, or Wills made without advice, do not cover off all the details and questions that you need and the costs and time spent dealing with the mistakes are often much greater than the cost of a professionally written Will.

I’ve got a Will already, do I need to change or update it?

We would recommend that you review your Will every 2-3 years in case your circumstances change as this will affect your Will. We offer a free review service too, as well as free storage of your Will.

These are some examples of why you would need to update your Will:

Marriage automatically cancels a Will unless it had been made in contemplation of that marriage
Any children by a previous marriage or relationship can only be provided for by a new Will
Separation does not affect a Will but it is sensible to consider a new Will at that time
Divorce means that your former spouse is automatically removed from the Will, and this can have surprising effects on your Wills and it should be reviewed
If your financial circumstances have changed, you could be liable to Inheritance Tax which could be reduced by a new Will

Who will sort everything in my Will out for me?

Personal Representatives
Personal Representatives take responsibility for ensuring that the deceased’s assets pass to those who are entitled to them as this does not happen automatically. Personal Representatives can be relatives, a friend or your Lawyers or a combination of these. If there is a Will they are called Executors. If there is no Will they are referred to as the Administrators – but they do the same job. However, if you do not make a Will, other people and companies and organisations might have a say in who administers your Estate.

If I don’t have a Will, how will things get resolved?

Without a Will, the next of kin are entitled to apply to be Personal Representatives. This could lead to disagreements about who should take on the responsibility and may not be the persons who the deceased would have wished. It is very important to choose people you would be happy to sort out your affairs after your death. The responsibilities of the administrator cover everything from valuing the estate, gaining valuations, sorting out banking and property to going through the Probate process and distributing the estate.

You can make an appointment to speak to us about your circumstances by calling 01623 45 11 11, emailing wills@fidler.co.uk, making an appointment in person at our offices, by video call or in the comfort of your own home. We offer a free initial appointment for our Wills services and we will discuss the services and options that are best for you. Please be aware that for all home visits, we do charge an extra fee of £75.00 for 2 visits.