WHY MAKE A WILL?

If you care about what happens to your assets after you die, you should make a Will. Without one, the state directs who inherits, so your friends, favourite charities and relatives may get nothing.

It is particularly important to make a Will if you aren’t married or in a registered civil partnership because the law does not currently recognise partners who live together as having the same rights as husbands, wives and civil partners. So even if you've been together for many years, your partner may be left with nothing unless you make a Will.

A Will is also vital if you have children or dependants who may be unable to care for themselves. Without a Will there could be uncertainty about who will look after or provide for them if you die.

For a Will to be valid:

• It must be in writing
• It must be signed and witnessed correctly
• You must be at least 18
• You must have mental capacity to make a Will and understand the effect it will have
• You must not make it as a result of pressure from someone else

If you die without making a Will your assets will be divided according to the intestacy rules.  Different rules apply depending on which relatives survive you.  Many people don’t realise that their spouse or civil partner does not automatically get everything and may be entitled only to the first £250,000 outright.

What information do we need?

Your assets

Details of everything you own including property, cars, personal valuables, stocks and shares, bank accounts, insurance policies, businesses and pension entitlements.

Who do you want to inherit?

• Who do you want to leave these assets to?
• How do you want to divide your property between your family, friends and charities?
• Do you want to impose any conditions? For example, that a person should reach a particular age before they are paid any money you leave them.
• Do you want to leave anything to charity?

Beneficiary details

We will need to know the name, address and status of your proposed beneficiaries and their ages if under 18.  We will also need information about your family and anyone dependent on you even if you don’t want to mention them in your Will.  People who are dependent on you but not adequately provided for in your Will can ask the courts to review it. We can advise you and help you to avoid any legal problems.

Bequests and legacies

You may want to leave certain items to friends and family, or to leave a sum of money to a person or organisation.  We will need an accurate description of the items and full details of the proposed recipients.

Executors

These are the people you choose to deal with your estate after your death.  We will need to know the name and address of the proposed executors. Executors can be beneficiaries under your Will and many people choose their spouse, civil partner or children to act.  They are usually family members or friends.  In some cases you may need independent professional executors and we are often appointed as executors.  You should ask your executors whether they are happy to take on this duty as there can be long-term responsibilities particularly if you include a trust in your Will.  And it makes sense to appoint someone a good bit younger than you. 

Guardians

If you have any children who may still be under 18 when you die, you should appoint someone to act as their legal guardian.  A guardian would normally look after the children on a day-to-day basis and make important decisions about their education, medical treatment and general welfare.

Funeral Wishes

If you have any particular wishes for your funeral you can include them in your Will.  For example, do you want to be buried or cremated?  Are you an organ donor?  It is a good idea to discuss your wishes with your family, and to register on the organ-donor register and carry an organ-donor card.

Signing and Storage

A Will is not effective until it has been signed. There are strict rules about the signing process which will make your Will invalid if not followed correctly.  For example, witnesses and their husbands, wives or civil partners cannot benefit under the Will.  We will usually supervise the signature and witnessing of the Will at our office or your home to make sure that it is valid.
Following signature we will keep your Will in our safe cabinet and give you a copy to keep at home with your papers.  We currently store Wills for free.

Certainty

Rothera Dowson are founder members of Certainty, a national Wills register.  As part of our service to you, we can register your Will with Certainty when you sign at no extra cost, saving £25 plus VAT per Will on the usual registration fee.  This will involve us giving your name, address and date of birth and the date of your Will to Certainty, who will hold this information on their confidential database.  None of the information will be passed to third parties and no-one will be able to see your Will, which will remain in our safekeeping. 

Reviewing Your Will

You should review your Will about every five years and also after any major life change such as getting married, separated or divorced, having a child, and moving house. It is usually best to deal with major changes by writing a new Will.  It is also possible to make minor changes via a codicil.

To speak to a member of our Wills and Probate department, call 0800 124 4012.