Though it may be tempting to delay making a will until a later date, it’s essential if you want to ensure your estate is distributed among your beneficiaries without complications. Here, we take a look at the six basic steps involved in making a will and why it’s a good idea to seek professional legal assistance when doing so.
- The contents of your will
The first step in creating a will is to have your estate valued and to determine what assets you have to distribute among family and friends. This will involve looking at both your assets and debts to ensure that you have a comprehensive understanding of what you have to leave to your beneficiaries.
2. The distribution of those contents
Having established what assets, including personal belongings, you have to pass on to inheritors, you next need to determine how these assets will be distributed. Most people writing their will have a relatively clear idea of how they want to divide their estate and to whom certain assets will go.
3. Choosing an executor
The executor of a will is the individual who ensures that the terms of the will are carried out precisely and in accordance with your written wishes. The executor should be someone who is willing to assume the role upon your death and who will carry out the role in an impartial manner. They can be family members, a close friend, or a legal representative.
4. Your children and your will
If you have children who are still relatively young, there are a number of considerations you may want to make when writing your will. First, it may be necessary to appoint a guardian for your children. The guardian would be responsible for their care should something happen to both parents. This includes provisions for step-children, and adopted children, and how best to make provision for disabled children, immediately and in the long-term.
Second, if you’re not convinced that your children are of a suitable age to be made fully responsible for their inheritance, it may be a good idea to appoint someone to manage it for them until they reach an agreed age, or set up a trust fund to be accessed by the child at a certain age (usually at age 18 or 21).
5. Witnessing the will
The final step in writing an official will is having it witnessed. To be valid, all wills must be signed and this process must be witnessed by two individuals who sign at the same time. Wills also need to be signed by an individual who is doing so voluntarily, without any coercion from another person, and who is in a sound mental state and understands the consequences of their actions.
6. Making the most of professional legal advice
Though it is possible to write a will without any professional legal advice, it is not advisable to do so. It may save you a relatively small fee in the short-term, but it could result in a number of long-term problems that could prove costly to those you have chosen to inherit your estate. These include:
- A smooth and complication-free probate process. If a will is not checked over by a legal professional, there is a greater likelihood that problems may occur when it comes to the point when the directions of the will are carried out.
- A will that has been created or checked over by a professional legal advisor offers peace of mind. You can rest assured that it is correctly drafted and valid.
- Professional legal advisors will help you make the most of your estate. This is particularly important if the estate is liable to pay inheritance tax or have assets which may complicate matters, such as overseas property.
- Will writing can involve some fairly complex legal concepts. For instance, assets left to young children can be protected until they are of age in a number of different ways, including trusts and gifts. Each of these operates in a different way and has its own advantages and disadvantages. A legal professional will be able to advise you as to which option is most appropriate for your specific circumstances.
Some life events such as divorce and separation which would prompt major changes, may require making a new will, although minor changes can be covered by a codicil (a legally binding amendment). However, a marriage revoke’s a Will so make sure you do another one if you tie the knot!
If you’d like further information concerning will writing, don’t hesitate to get in touch with the Thompson Smith and Puxon Wills and Estates team. The team can advise on Wills, LPAs, Lifetime Planning and the Administration of Estates (Probate) and can be contacted on 01206 574431 or by email at firstname.lastname@example.org.