10 of the most frequently asked questions
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It’s effortless when you create a new Will at the top of your new Will; it states that you revoke all previous Wills, print your new Will have it witnessed, and destroy the old one.
The simple answer is unlimited times; once you have paid for your Will, you can make as many changes as and when you wish without further payment for the 1st twelve months. Should you want to make other changes after this, you only pay a small reprinting fee.
You can have anyone witness your Will as long as two people do not benefit from the Will or are executors. They must also be over 18 of a sound mind, and not married or in a partnership with a beneficiary.
Any person of sound mind who is over the age of 18 can be an Executor in your Will. Including named beneficiaries, relatives, and professional organisations. Please note professional organisations may charge a fee to act as an Executor. We would recommend that you do inquire with the professional organisation to confirm that you are agreeable to the price.
You need to consider the type of ownership for your property, i.e. is this shared ownership or joint ownership? Please note if your property is joint ownership, ownership of the property will automatically pass to the surviving owner. If your property is in shared ownership. You are entitled to leave your share of the property to your beneficiary of your choice. The property ownership type is detailed in the Land Registry title register. Please contact us if you require assistance in checking your ownership type or if you wish to change the ownership type of your property.
If you divorce your spouse, any gift that you left to your spouse when you were married is invalid and will not be given to them. The gift will pass to your next of kin. If you divorce, we would recommend that you do update your Will.
A memorandum of Wishes is a letter to your Executors and Trustees, which provides further details and guidance in respect of your wishes. Although this is read in conjunction with your Will, it does not form part of your Will per se. You can leave any detail in a memorandum of wishes. For example, you can leave details for your Guardians to consider, such as preferred schooling and family values you wish for them to follow. This includes wishes on how you prefer your Beneficiaries to utilise the gift that you have left to them.
You can protect gifts to your children in a variety of ways; this can be a trust within your Will, for example, by including an age they are to inherit the gift. For example, 25 years of age or making a Family Trust. You can speak to our legal team, who will be able to discuss your wishes and advise you on the most suitable method to meet your requests.
The law states that you should make a reasonable financial provision for your children. However, it is not necessary to leave a gift in your Will to your children. Especially if you do not have a relationship with them etc., however, if you do not wish to leave any gift to your children, then we would recommend you do leave a letter of wishes with your Will. Explaining why you want to exclude your child/children, this may prevent them from making a successful claim against your estate.