Wills Solicitors
We make writing your Will straightforward and stress-free.
Making a Will is generally not at the top of most people’s ‘to-do’ list, explaining perhaps why only a third of us have one in place. However, if you die without making a Will, your assets may not end up with who you would expect or indeed, want.
Talk to one of our highly experienced Wills solicitors and we will firstly ensure a full understanding of your family dynamics and financial circumstances. With this insight we will then offer tailored Will advice as to the type of Will – be it basic or more complicated – that meets your needs and does so in the most tax-efficient way.
Our aim, is to make sure that you have a properly drafted Will in place, giving you peace of mind that your estate will pass to your intended beneficiaries.
Get in touch with our Wills solicitors in Coventry, Warwick and Southam
If you need to make or update your Will, or have any other requirements related to your Will or estate, please get in touch.
We have offices in Coventry, Warwick, Southam and Balsall Common. Our solicitors work across the whole of the Coventry and Warwickshire region, including Stratford-upon-Avon, Rugby, Nuneaton, Leamington Spa, Kenilworth and Atherstone, as well as further afield.
Our Will writing expertise
Our Wills solicitors can help with matters including:
- Making a Will
- Updating your Will (either with a new Will or supplementary document called a ‘codicil’)
- Trusts (including property protection trusts)
- Registering your Will with the National Will Register
- Acting as professional executors
How we make Will writing a positive experience for you
We are proud of the relationships that we forge with our clients and attribute this success to an empathetic, personal and sensitive approach. This approach is one which we consider particularly important when we are talking to elderly or vulnerable people.
Such skills are partnered with a professional and efficient service. Our Wills solicitors will guide you from our initial discussion (which can be at your home, if necessary), through to completion of the matter, when we will oversee the signing and witnessing of your Will. We make sure that the process is properly carried out can also offer no-cost secure storage of the Will, so it will be easily accessible when the time comes.
We can also advise you on property protection trust Wills – these are for people who jointly own a property and will help ensure you can protect the property inheritance of your beneficiaries.
National Will Register
We work in partnership with Certainty, the National Will Register. This allows us to register your Will, which is included in our fee, as well as Will search and Will Management services.
Certainty, the National Will Register provides you with added protection when dealing with Wills and probate. Will registration ensures that your Will can be easily found by conducting a Register Will Search. This can be incredibly helpful if beneficiaries and executors are unaware that a Will has been written, forget where it’s located or if a later Will is written to supersede the first.
We recommend the use of Certainty Will search to prevent issues arising later in the process of distributing an estate during probate. It is important to identify whether a Will exists and who holds the most up-to-date version before any work is undertaken.
Choosing your executors
When making your Will, you will need to nominate one or more people to act as your ‘executors’. Executors have the legal authority, responsibility and duty to distribute the deceased’s estate correctly, in accordance with the terms of their Will. Executors can be held financially responsible for any mistakes made through any breach of duty, so this is a serious responsibility. We can advise on your choice of executors and act as professional executors if required, which can give reassurance that everything will be handled correctly when the time comes.
FAQs
What happens if someone dies without a Will (intestacy)?
If someone dies without a Will, this is known as ‘dying intestate’. What happens to their estate will then be determined by the standard intestacy rules that are set by the government. In general, spouses and civil partners, children, and other close relatives will stand to inherit, based on what surviving relatives there are and the value of the estate.
Our solicitors for Wills can advise on who would inherit under intestacy rules and help you get in place a valid Will to avoid such situations.
What are the legal requirements for a Will to be valid?
When you make a Will, it is important to ensure that it meets the requirements to be considered legally valid. In the UK, these requirements are:
- The person making the Will (the ‘testator’) must be:
- Over the age of 18
- Mentally competent (‘of sound mind’)
- Acting voluntarily
- The Will itself must be:
- In writing
- Signed by the testator in the presence of two witnesses (who must be over 18 and not beneficiaries of the Will or spouses/civil partners of beneficiaries)
- Signed by the witnesses in the presence of the testator
It is also a good idea to include the date on which the Will was prepared. This helps to avoid any confusion over which is the most recent version of your Will in the future if you ever update or replace your Will.
How much does it cost to make a Will?
The cost of making a Will depends on your requirements. Our lawyers for Wills can advise on these costs at the outset. In most cases, it is possible to prepare a Will for a fixed fee agreed in advance.
How do I choose an executor for my Will, and what are their responsibilities?
The executor of a Will is legally responsible for the testator’s estate after they pass away. They have a duty to follow the terms of the Will, as well as settling any debts owed by the estate, selling any estate assets, paying Inheritance Tax and any other taxes owed by the estate, and distributing the estate assets to the nominated beneficiaries. Executors must also make a report to HMRC of the estate’s value, income and tax liabilities.
Our Wills and estates solicitors can guide executors through the process of dealing with an estate, as well as acting as professional executors and estate administrators where required.
How do I update or change my existing Will?
If you need to make changes to your Will, you can either make a new Will or use a supplementary document called a ‘codicil’ to amend your existing Will. Codicils are normally used for minor changes, such as amending your address or a nominated executor. For more significant changes, such as who your beneficiaries should be, a new Will is normally advisable.
Our Wills lawyers can assist with updating or amending your Will. We can advise on whether a codicil or a new Will is most appropriate.
Who can contest a Will and on what grounds?
Generally, the people who can contest a Will are those with a financial interest in the estate (e.g. dependants of the deceased), people named in a previous Will and anyone who would inherit under intestacy rules. Other people may potentially be able to make a claim e.g. if they can show they were promised an inheritance by the deceased, especially if they relied upon this promise to their own cost.
Grounds for contesting a Will are broadly the same i.e. that:
- Someone was dependent on the deceased and has not been left a sufficient inheritance to meet their needs (such claims can be made under the Inheritance (Provision for Family and Dependants) Act 1975, commonly called ‘Inheritance Act claims’).
- Someone was named in a previous Will and has been disinherited but believes the reasons for this disinheritance were not valid (although the parameters for this are quite narrow).
- Someone who would inherit under intestacy rules could have a claim if they can show that the Will being relied upon is not valid.
- Someone who was promised an inheritance and has relied upon this to their own detriment might have a claim under the law of ‘proprietary estoppel’.
If you believe you may have grounds to contest a Will or need to respond to a claim, our Wills and estates solicitors can help.
How do I properly include guardianship instructions for my minor children in my Will?
If you have children under the age of 18, it is a good idea to make provision for their guardianship in the event of your death. This can be included in your Will, where you can nominate your chosen guardian or guardians, as well as any wishes you have for your children’s upbringing. You should also include financial provision for your children’s upbringing as part of your Will.
You should make sure to discuss this with your chosen guardian or guardians ahead of time. You can then be sure they are happy to take on this responsibility if the need arises and that they understand your wishes.
How do marriage, divorce or civil partnership affect an existing Will?
Getting married or entering a civil partnership automatically renders any existing Will invalid, unless the Will has been written in anticipation of marriage or civil partnership. You should therefore make a new Will when getting married or entering a civil partnership.
Something many people do not realise is that divorce does not cancel an existing Will in favour of your spouse. Also, if you do not have a Will, then should you pass away during divorce proceedings, your spouse is likely to inherit all or most of your estate until your divorce is finalised. It is therefore essential to make a new Will as soon as you have made the decision to divorce or your spouse has initiated proceedings.
Where is the best place to store my Will once it’s signed?
The solicitor that you make your Will with should store it for you, usually at no charge. Our local solicitors for Wills offer this free service as standard. It is also a good idea to register your Will with the National Will Register, Certainty, to ensure it is easily accessible when required. Many people also choose to store a copy of their Will at home, but it is not advisable to have this as the only copy, as it could be lost or damaged, and the people who need it may not know where it is when the time comes.
Contact our Wills solicitors in Coventry, Warwick and Southam
If you require Will services, then please get in touch with one of our highly experienced and friendly team. Our Will specialists will take the time to understand your individual circumstances and will provide you with tailored advice.
We have offices in Coventry, Warwick, Southam and Balsall Common, and our solicitors work across the whole of the Coventry and Warwickshire region, including Stratford-upon-Avon, Rugby, Nuneaton, Leamington Spa and Kenilworth as well as further afield.
