Every single adult should have a Will in place, but most do not. If you are reading this, you may have given some thought to writing a Will, but not sure how to get started. You have seen different approaches to writing a Will, but you are not sure which services offer a quality, affordable Will writing service, without questionable extras. Hopefully this overview will help you take the next step.
Why you need a Will.
A Will allows you to describe the distribution of your estate. It puts somebody in charge of the process, and it allows you to do things like name a guardian for your children, make charitable bequests and set up trusts.
If you die without a Will, the courts take over. Your family and loved ones will have to work their way through a court process that will eventually do the work of your Will, but probably not the way you would have wanted.
The courts will put somebody in charge of the process. Hopefully this is somebody with the administrative skills needed, and a person who has a good rapport with your family and your beneficiaries. They are going to have to work with the people you have left behind to distribute everything you own according to a legal formula. In the meantime your assets will be frozen.
Then your assets will likely be liquidated and divided according to the laws of “intestate succession”. If you are married without children, then it is possible that your intended distribution plan would match the intestate succession plan. But in almost every other case, your assets will be divided in a very strange way.
Six Common Estate Planning Mistakes
Estate planning is a critical part of financial planning, but a task that often never quite makes it to the top of your To Do list. Having your final wishes clearly set out can relieve your loved ones of unnecessary stress and financial burdens. To help you along your estate planning journey we have listed 6 common mistakes that anyone can make when writing a Will.
Mistake #1: Assuming that Wills are only for the wealthy
According to a recent YouGov survey, nearly two thirds of the British adult population do not have a Will. Continue reading
Will writing options
Before the advent of online Will writing services there were two general approaches to writing a Will. Going to a solicitor, or writing your own Will on a piece of paper. These two approaches were diametrically opposite. A solicitor would be able to provide you with legal advice, and potentially write custom clauses in your Will, but the service would cost you several hundreds of pounds.
The option of going to a solicitor was not available to everybody either because of a lack of time, or an unwillingness to pay high fees to what was perceived to be a simple instruction. So many people attempted to write their own Will starting with a blank sheet of paper, and in general terms explain how they would want their estate to be distributed. The common belief was that writing at least something on a piece of paper, was better than dying without a Will.
In the mid to late 1990’s a number of blank form kits started entering the market. Available from shops like WHSmith the kits provided some structure to writing a Will, and at least guided the user through making some key appointments, and included the formalities of revoking previous Wills, and signing the new document.
“A note on Privacy: the protection and security of the documents created on our web site are of critical importance. In particular, we cannot access any information contained in a specific Will, nor can we read a person’s Will. However, we are able to access aggregated data from an encrypted database folder that summarizes the number of times particular choices have been made within our service. We cannot connect this information to individual accounts. It is this data that has been mined to provide the information on planned giving in this article”
At LegalWills.co.uk, we help thousands of people in the United Kingdom create their Last Will and Testament through our online Will service. A Will contains a lot of important information, such as who will receive your property when you pass on and who will be the guardians of your children, and it can also serve as a great way to give back to the charities you support upon your death. Leaving money or assets to a charity is called “planned giving,” – a service that LegalWills.co.uk offers for all its Wills. According the Charities Aid Foundation, “in terms of giving money to charity (either directly or through sponsorship of an individual), 70 per cent [of people in the UK] report doing so in the 12 months prior to interview [for the study], and 44 percent do so in a typical month.”
This information evidently shows that charitable giving is an important part of the lives of many people, so we were interested in the level of “planned giving” going on in the United Kingdom. According to Russell James, the number of people aged 55+ with a charitable estate beneficiary hovers between 5% an 6%. Continue reading
You may have come to the conclusion that writing your Will with a solicitor is too expensive. You have thought that maybe you could write your own Will. But when you google the topic, “writing your own Will” leads you to all kinds of conflicting information. Eventually, you find information about the holographic Will, and have become totally confused.
Please allow us to help.
Background to the misinformation
The main source of confusion is of course the Internet. The problem is that laws pertaining to holographic Wills vary quite dramatically from one country to another. If you post to a law forum, to Quora or to Reddit, the whole World will want to chip in with an answer. The problem is that an answer coming from Canada, or the US, or from India, will not apply to UK law.
Here’s a great example. A question posted on uk.answers.yahoo
Hand-written Will. Is it Legal? Continue reading
Maybe a solicitor has quoted you a few hundred pounds to prepare your Will. Perhaps you are now considering whether you can write your own Will. You may be wondering “how hard can it be?”.
It’s entirely possible to write your own Will, but let us give you a few pointers.
Estate planning (the process of writing a Will) can be daunting. Many of us are prone to common, easily-avoided mistakes, if we get around to our Will at all. In fact, according to a report by the Legal services board, even solicitors who don’t specialise in estate planning frequently make mistakes with Wills.
The Law Society express concern that do-it-yourself Will services were eroding the Will writing business. They asked the government to protect Will writing. To make it a service that only solicitors can provide.
“My husband and I are interested in creating a will. Our primary reason is to ensure our child’s care and safety. There are blood relatives that we do not feel are suited to take custody of our child. Can your service help us cover this concern in our wills? We need to name a guardian for our children.”
Everybody needs a Will, but there is one group for whom a Last Will and Testament is invaluable – parents of young children. Writing a Will can offer you the peace of mind in knowing that your children will grow up in a loving and safe environment. A Will allows parents to make their own decisions about Guardianship by expressing their preference for who the Guardian for their children should be. A Will also allows parents to explain why their chosen Guardian would be appropriate for their child, and if all else is equal, the family courts will appoint the named Guardian in most circumstances. Continue reading
We know that most people have not written their Will. These people fall into two camps; the group who think it’s important, but haven’t got around to it yet, but hopefully they will write a Will at some time in the future. The second group are those who have the “why do I care? I’ll be dead anyway” approach. Although they’ve hopefully spent their life thinking of other people, they feel content simply letting their family and loved ones sort everything out once they are gone.
Unfortunately, they don’t understand that taking just 20 minutes now, can save their family from distress, acrimony, family feuds, and potentially expensive legal battles.
Surely I’m overstating the impact of not having a Will? Let me explain ten good reasons why you should write a Will today, based on our 15 years of experience in dealing with distraught family members whose loved one died without a Will in place.
How to write a Will at LegalWills.co.uk
Most people know that they need a Will, but according to recent statistics, as many as 30 million UK adults have not made a Will. According to this report; more than half of UK adults don’t have a Will, but only ten percent of those have not even considered it.
This report breaks down the numbers of people who do not have Will. Continue reading