Making a Will - Your Last Will and Testament

Did you know that a third of the population will die without making a will?

If this happens to you, unfortunately you leave your friends and family with a host of decisions to make on your behalf and even more importantly, with pressing issues to sort out.

If you have a family who rely on you to support them and you die without a will you may leave them unable to pay the mortgage or other household bills. They will not be able to access your money until "probate" is granted, which may take many months.

My husband and I made our wills and we were more than happy with the quick and efficient service we received.
Mr and Mrs Watson, Birmingham

Writing your last will and testament will ensure that upon your death your loved ones will have been considered. Contact our experienced team today.

Importance of Making a Will

Aside from the obvious issues about deciding who you would like to inherit your property, there are many other things to take into consideration when you are thinking about making a will.

Are you married or with a civil partner?

If you are the main provider in the household and you die without making a will, your partner and children could suffer.

Aside from coping with the grief of losing their partner they will not be able to:

  • Access any accounts in your name or
  • Conduct any business in your name until they have been granted probate.

This means that if the mortgage was paid from your account, the mortgage will not be paid.

Write a Will to Protect your Mortgage

If the mortgage is in your name then your partner/spouse will be unable to discuss this with the building society because it is all in your name; this applies to all household bills. Your partner will not only have to cope with the grief from losing you, they will also have financial worries to cope with.

This can be easily avoided by making a will, so why put your spouses or partner through this? For more information contact our experienced team today.

Have you re-married?

Did you realise that your ex-husband or wife may still be able to claim on your estate?

You may have made a will but since got divorced and re-married. If that is the case, your original will is revoked.

Write a Will to Protect your Children

If you had children from your previous marriage and hoped to leave them something then you must make another will.

Protect your new spouse and children by utilising our will writing services. Contact us today to ensure you have all of your assets covered.

Are you Single?

If you are single you may think that there is not much point in making a will but:

  • Who will sort out your affairs?
  • Who will make your funeral arrangements?
  • Who will make sure that your dearest friends get what you wanted them to have?

Make a friend an executor of your Will

You may think that you have a friend who is prepared to make all these arrangements but unless you give then the authority to do so, by making them an executor in your will, they will be unable to have the influence that you want them to.

Contact us today about writing your will, then you and your friends can be prepared.

Do you have pets?

Maybe you have dogs, cats, horses or even fish, they all need looking after. They need to be fed, watered and homed. What will happen to them if you don’t decide and leave instructions in your will.

Write a will and ensure that your pets are cared for. Contact us today.

Who inherits if I Don't Make a Will?

Often people will find a reason not to make a will. They say, "I don't care I won't be here" or "I've got nothing left to leave" or "I'm too young". Unfortunately many of us are worth more dead than alive and we never know what is around the corner. If you are over 18 then you should make a will.

If you do not make a will and you die, the rules of intestacy apply and automatically provide for the division of your estate according to the law.

If you don't have a will the intestacy rules decide who inherits your assets, depending on your personal circumstances. The following rules are for deaths on or after 1 February 2009 in England and Wales:

If you're married or in a civil partnership and there are no children

Your husband, wife or civil partner will not automatically inherit everything although they will receive:

  • Personal items, eg: household articles and cars (not business items)
  • £450,000 free of tax - or the whole estate if it was less than £450,000
  • Half of the remainder of the estate.

The remaining half of the rest of the estate will be shared by:

  • Surviving parents
  • If no surviving parents, then any brothers and sisters will get an equal share or their children if the brothers/sisters died whilst you were still alive
  • If none of the above, your husband, wife or registered civil partner will inherit everything.

If you're married or in a civil partnership with children

Your husband, wife or civil partner will not automatically inherit everything although they will receive:

  • Personal items, eg: household articles and cars (not business items)
  • £250,000 tax free - or the whole of the estate if it was less than £250,000
  • A life interest in half of the remainder of the estate.

The remainder of the estate will be shared equally by the children.

If you are partners but not married or in a civil partnership

If you are not married or registered civil partners, your partner will not be entitled to any share of your estate.

In this event, their only option is to make a claim, through the courts, under the Inheritance (Provision for Family and Dependants) Act 1975. To do this they will have to prove that they were dependent on you for financial provision.

If you have no surviving spouse/civil partner

The estate is distributed as follows:

  • To surviving children in equal shares (or to your grand children if your children died while you were alive)
  • If no children then to parents (in equal shares if both alive)
  • If no surviving parents, then any brothers and sisters will get an equal share (or their children if the brothers/sisters died whilst you were still alive)
  • If there are no brothers or sisters then to half brothers or sisters (or their children if the half brothers/sisters died whilst you were still alive)
  • If none of the above then to grandparents (equally if more than one)
  • If no grandparents to aunts and uncles (or their children if they died whilst you were still alive)
  • If none of the above, then to half uncles or aunts (or their children if they died whilst you were still alive)
  • To the Crown if there are none of the above.

The complicated rules above leave you with no control about whom your estate goes to. You should therefore consider the following:

  • Would you rather your friends or charities benefited in the event of your death?
    • If you do not make a will your friends will not be able to benefit.
    • If you are left with no family the estate goes to the Crown - the Chancellor of the Exchequer receives it

If you don't have a will and you do leave loved ones behind it will take much longer to sort out your affairs, causing extra distress for your family at a time when this is least needed.

Make your Will to Plan Funeral Arrangements

Some people have very strong feelings about how they would like their funeral to be conducted, for example whether you would like to be buried or cremated. You can make all these decisions and write them down in your will. This leaves you knowing that your wishes will be carried out and your loved ones without the guilt and worry of wondering whether they are fulfilling your wishes.

Make a will and you can be sure to get the send off you want.

Professional Will Writing Services

At Sydney Mitchell our team of experienced will writers are here to assist you and your family at this difficult time so that they do not suffer hardship and most importantly that your wishes are written down in such a way that they will be carried out after your death.

Every member of our approachable and sympathetic wills, trusts and probate department in Birmingham will advise you and help answer any questions you may have about writing a will.

If you are looking to make a will, call our experienced team for comprehensive legal advice on 0121 746 3300 or fill in our online enquiry form.