Bournemouth Solicitors

Do I need a will?

Everyone regardless of their age and circumstances should try and make a will.  Dying without a will means intestate laws will decide how your estate is divided up between your family and friends, often in ways that are unexpected or undesirable.  Naturally, this can cause stress and heartache for those you care about and cause other unnecessary burdens, such as extra taxes.

What are intestate laws?

Intestate laws govern how the estate of a deceased person’s are divided up where a will has not been made or where that will is legally invalid.  The way in which intestate laws apply is complex and relies on the nature and composition of the deceased’s immediate and extended family.   If searches for family members prove fruitless, the estate will go to the Crown (government).

What is a legally valid will?

Where possible, you should consult a wills and probate solicitor to be certain that your will is valid.  Many people use DIY will kits.  However, there is a good chance that any DIY will not fulfill certain legal requirements making it worth no more than the paper it is written on.  A valid will needs to be:

• In writing
• Signed and dated by the person making the will
• Witnessed by two persons capable of acting as witnesses (see requirements of witnesses below)

Furthermore, the person making the will should be making it without duress (pressure from others) and be mentally capable of understanding the consequences of making a will.

Who can act as a witness?

Not everyone can act as a witness.  Any witness must be:

• Fully sighted
• Not a beneficiary under the will

Anyone who witnesses a will must do so without duress (pressure from others) and be mentally capable of understanding the consequences of witnessing the will.

What is an executor?

An executor is responsible for making sure the assets of the deceased are divided up according to the will.

Who can act an executor?

Anyone can.  The role of an executor can be burdensome, so in most cases it is advisable that trusted family members and friends are appointed.

Can executors be changed?

In the same way a will can be changed, executors can be changed using a codicil. ‘Codicil’ is simply the name of the document used to modify the will or change executors.

Can a will be changed?

It depends on the nature of the changes.  If substantial ones need to be made, it is advisable to draw up a new will. If, however, changes to beneficiaries or the amount of legacy are to be made, this can be done through a codicil.  ‘Codicil’ is simply the name of the document used to modify the will or change executors.

Where should a will be stored?

The primary concerns of will storage are making sure it is safe and accessible when needed.  Facilities should ideally be fire proof and secure.  Common places to store a will include specialist will storage facilities, banks or with the solicitor who drew up the will.