To us lawyers who write Wills all the time, this seems a simple question, however, when we really think about how the process of writing a Will starts, a lot of thought needs to go into the answer!
The first thing to do is some research, which has led you here – well done!
The second thing to do is to do is to start writing things down so that you can bring a list with you to your meeting with your lawyer. Our lawyers will no doubt address your questions as your meeting with one of them progresses, and will give you reassurance that your circumstances can be covered succinctly in your Will, but do bring that list along, as it will allow you to fully engage in the conversation you will have with your lawyer, without worrying that something will be forgotten.
Your lawyer will ask you at least the following, so these things should be in your list too:
- Who you would like to appoint to be your Executor – this is a person or people who will deal with your assets – your personal belongings your bank accounts, investments and property (which we would refer to as your estate). If you cannot think of anyone to appoint to this role, we can assist you.
- If you need to appoint any guardians for minor children, and if you have any specific wishes that should be followed in the event that you have died.
- If you have any funeral wishes – you may not do!
- If you wish to make any specific gifts – of personal possessions, money or property and to whom.
- How you would like to leave the rest of your assets (the residue of your estate), to whom and in what shares.
- If you own business or farming assets, the split of your estate could well be more complex, so bringing things like partnership/shareholder agreements and other relevant documents is aways helpful.
The third thing to do is to make a Will with a lawyer and definitely do not buy a DIY kit from your local high street stationary shop (we can tell you so many disaster stories). Making a Will with your lawyer ensures that all eventualities are covered. More often than not, a question I will ask of a client when discussing the terms of their Will is not one they will have considered before meeting with me.
The final thing to do is not to worry – your lawyer will reassuringly guide you through the process of making a Will and ensure that no stone is left unturned. It is very likely that your experienced lawyer will have seen circumstances similar to yours before and they will definitely be able to navigate you through the process of writing a Will so that you are happy with the outcome.
The alternative of not writing a Will is that the rules of intestacy would be relevant to your estate, which I can almost guarantee will not achieve a desired outcome for your loved ones.
How much does it cost to make a Will?
Our fees directly relate to your personal circumstances, so please do give us a call and we will be more than happy to discuss them with you.
If you would like to discuss your current circumstances or plan for the future, please contact our Wills, Trusts and Probate team at info@brethertons.co.uk or call 01295 270999 (Banbury Office), 01869 252161 (Bicester Office), 01788 579579 (Rugby Office), or 01242 472747 (Cheltenham) we can make sure that your loved ones are protected.
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