Making a Will

London and the Home Counties

Why make a Will?

England and Wales have some of the most complicated inheritance laws in the world. Using professional will writing services will ensure your family gets the best legal advice.

Your Will must be a legally watertight expression of your final wishes.

This prevents misunderstandings over money and property. It also makes it faster and easier for your family to administer finances after your death.

Although there are many organisations out there that offer free basic wills, these are usually designed for people with few assets.

If you own property or have significant assets, such as savings and investments, they may not be robust enough to withstand challenges in the courts.

Using professional legal services to deal with your inheritance matters keeps potential family conflicts to a minimum.

A good example is ensuring that the signing and witnessing of the Will has been done properly.

You can make a Will quickly and affordably, at work or in the comfort of your own home, with one of our expert inheritance planners.

During this meeting we’ll help you:

• Appoint guardians or set up Trusts for young children

• Offer advice and recommendations to minimise your inheritance tax liability

• Create Trusts to make provision for vulnerable family members

• Arrange your affairs in the event of your spouse remarrying

• Prevent loved ones falling out over who gets what

• Benefit from asset protection and care fee planning

• Make gifts of money or specific items to individuals or charities

• Leave instructions about your funeral

We'll also be able to provide you with important additional advice on things like power of attorney and probate services, what to do in the event of divorce or dissolution of marriage or civil partnership.

Our legal services team has created 1000s of Wills since we established Hillman Legal Partnerships in 2007. We will provide expert advice on how best to tailor your instructions to your individual circumstances.

We also provide safe, secure and professional Will and document storage.

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The Will writing process; what happens?

Step 1: One of our Will writers will arrange a convenient time to meet you. This can be at your home or place of work, or you can visit us in our offices in Crouch End, London.

Step 2: During this meeting our Will writer will make recommendations based on your requirements. This could things like:

· Ensuring you have Guardianship in your Will – if you have young children and/or dependents

· Adding a Lasting Power of Attorney so you have someone to act on your behalf if you become sick or incapacitated

· Selecting executors to administer your Will

· Adding any relevant Trusts, such as a Family Trust or Business Trusts

· Arranging Will Storage

Step 3: Your documents will then be passed over to our professional will drafter who will create your bespoke Will in accordance with your wishes.

Step 4: The Will is then closely checked against your memorandum of wishes. We can then contact you to arrange a time to revisit you and have the Will signed and witnessed.

Step 5: We provide you with copies of your Will and store the original copies for you. Or you can store the originals yourself.

Step 6: It’s important to remember to keep your Will up to date. A Will is a living document and should be updated whenever an important life event happens. If you buy a new house; get divorced or married; have a baby; or set up a new business, you must ensure that your Will is updated accordingly.

How Hillman Legal Partnerships is regulated

We provide professional Will Writing services and are longstanding members of the Society of Will Writers.

Unlike solicitors we are not regulated by the Law Society or Solicitors Regulation Authority. Instead we are full members and abide by the code of practice of The Society of Will Writers.

The Society of Will Writers is a non-profit making self-regulatory organisation which seeks to:

· protect the public

· to promote to the public at large the real need and sense in having a valid Will

· to act as a self-regulatory body by vetting practitioners through stringent membership requirements, proficiency standards and on-going training.

This benefits our clients as we are able to specialise 100% in inheritance planning and advice. As legal experts in this field we are focussed solely in areas such as Wills, Probate, Inheritance Tax, Trusts, Lasting Power of Attorney, Guardianship and professional document storage.

For more information please visit: https://www.willwriters.com/about-the-society/

Frequently Asked Questions about making a Will

WHAT’S THE DIFFERENCE BETWEEN WILLS AND PROBATE?

A Will is a set of written instructions left behind by the deceased that outline how they wish their assets to be distributed. Probate is the process by which a person’s death is formally registered and their assets distributed in accordance with the wishes of their Will. This is also when any Inheritance Tax becomes payable.

HOW DO WILLS WORK?

A Will is a legally recognised document used to formally distribute a person’s assets after their death. When making it you are asked to specify an Executor who will be responsible for discharging the Will in accordance with your instructions. The Executor must apply to the Courts for a Grant of Probate, giving them permission to distribute your assets. Wills can be challenged by disgruntled family members, so it is important that they are professionally written and witnessed by at least two people.

WHO WRITES A WILL?

Technically, any adult can write a Will. However, most people choose Will Writers and Solicitors because they are experts in Inheritance Law and planning and can prevent mistakes from happening. It also makes your Will more secure and less open to being challenged after your death.

WHERE SHOULD MY WILL BE KEPT?

You should keep a copy of your Will somewhere secure and inform a trusted family member where it is. The original document should be stored with a professional document storage company as this is much safer and more secure than in a private home. Your Solicitor or Will Writer can advise you on this.

WHAT IS WILL STORAGE?

Most people choose to put their Will in storage though their Solicitor or Will Writer. This is a much more secure environment and ensures that the Will isn’t lost or damaged over the years. It is also highly convenient if you move to a new house and don’t want the added responsibility of carrying important legal documents with you. Will Storage facilities are tightly regulated environments with a high level of security.

DO CIVIL PARTNERS HAVE THE SAME INHERITANCE RIGHTS AS MARRIED COUPLES?

Yes, civil partners enjoy the same rights as married couples across all inheritance laws in England and Wales.

WHO PREPARES OUR WILL?

Your Will is written by our professional Will Writer. Their job is to write up your instructions in a way that makes it clear to the Courts what your wishes are. This makes it much harder for your Will to be challenged or declared void.

WHO READS OUT THE WILL AFTER DEATH?

Contrary to what you may have been led to believe by films and television, no-one actually reads the Will out after your death. This was created by Hollywood for dramatic effect! Instead, your beneficiaries will be instructed via the slightly duller format of a written letter from the Executor.

WHAT IS AN EXECUTOR?

An Executor is a person named in the Will who has the responsibility to apply to the Courts for the Grant of Probate and administer the probate process. This includes settling all debts and inheritance tax liabilities, selling any property, valuing possessions and distributing assets in accordance with deceased’s wishes.

WHO SHOULD BE THE EXECUTOR?

Usually it is someone you know and trust. However, it is also recommended to include your solicitor or lawyer in as an Executor as they are often the ones charged with executing the legal duties such as Probate. Whilst anyone can carry out probate it is often quite a complex and time-consuming process so is best carried out by people with legal expertise.

WHAT SHOULD I DO IF I AM UNHAPPY ABOUT SOMETHING?

We work really hard to ensure that you will always receive the best service from us. Since 2007 we have written Wills for over 5000 families across London and the Home Counties and we are proud of the positive feedback we receive.

At the first instance, if there is anything you feel you wish to discuss, contact our office and we will work with you to find a resolution.

Remember that as a customer of ours, you are covered under the Consumer Rights Act 2015.

We are also members of the Society of Will Writers who can provide you with any advice and support you might need.

HOW MANY EXECUTORS SHOULD I INCLUDE IN MY WILL?

Ideally, you should name two executors in your Will. In our view, one of these should be a trusted friend or family member and the other your solicitor or legal firm.

WHAT IS AN ESTATE?

Your Estate is the entirety of all your property, money and assets.

WHAT IS A TRUSTEE?

A trustee is someone named in your Will who will oversee and manage any trusts you have created when making your Will. Usually these are made for the benefit your children or a vulnerable friend or relative.

Should I change my will if I get divorced?

It is vital, if you are getting divorced, that you revisit your Will and update it to reflect your change in circumstances.

WHAT HAPPENS WHEN YOU GET MARRIED OR REMARRIED?

If you marry – or indeed if you experience any significant change in circumstances – you should get your Will updated as soon as possible.

HOW MANY COPIES OF MY WILL SHOULD I MAKE?

It is recommended that you store your Will professionally and keep a copy if it for your records at home.

HOW DO I CHANGE MY WILL?

You can update or change your Will at any time by getting in touch with your Will writer and asking them to make the changes. This should be done after any significant life event.

DO HILLMAN LEGAL PARTNERSHIPS TAKE PART IN FREE WILLS MONTH?

We celebrate Free Wills Month and work with local charities and organisations, including the Whittington Hospital Trust, to offer the chance to their supporters aged 55 and over to have a simple will written or updated free of charge.

By being part of this campaign, we hope you'll consider supporting one of our charities with a gift in your will, although there is no obligation to do so.

Free Wills Month runs throughout the year. The best way to know when the next one is coming is to follow our blog.

WHAT LIFE EVENTS SHOULD PROMPT ME TO UPDATE MY WILL?

All significant events should prompt you to think about changing your Will.

Here are some of the most common ones:

• Getting married

• Buying a house

• Having a baby

• Getting divorced

• Setting up a new business