Wills

Wills

A Will is a document that is completed during the life of a person to ensure that their wishes are carried out once they have passed away. For most people, once they die all of their assets will pass to their partner or spouse. Should the partner have already passed away then the most likely scenario in this case is that the children if any will inherit.

Yes — everybody needs one! If you die without a Will in England or Wales the law will decide who gets what.


Failure to create a will can have far-reaching implications, often resulting in intestacy rules coming into effect. Intestacy rules are predefined legal guidelines that determine how an individual's estate will be distributed in the absence of a will. 


These rules may not align with your wishes and can lead to unintended consequences, including assets being distributed to individuals you did not intend to benefit.

When creating a Will, one of the first thing to consider is Guardianship of your children. If you currently have Parental Responsibility over your children and they are under 18 years old, then you can include in your Will the appointment of a Guardian to look after your children whilst they are under 18 years old. This takes effect only if there is no one else with parental responsibility over your children when you pass away. The importance of appointing a Guardian is one of the main reasons why parents make sure they have a valid Will in place. 


You can also include your children as beneficiaries in your Will even though they are very young. When this occurs it is sensible to consider the age you would like your children to reach before being able to access their inheritance, typical ages are 18, 21 or 25. Whilst the child is under that age then their inheritance is managed on their behalf by people called Trustees. These are people that can also be appointed in your will.

Executors are the people you name in your Will to carry out your wishes after you die. They will be responsible for all aspects of sorting your affairs after you’ve passed away such as notifying people that you have died, arranging your funeral, dealing with any tax bills, paying debt, collating information about your assets and liabilities and then distributing your estate to your chosen beneficiaries. 

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