Wills Solicitors

What is a will and why do I need one?

A Will is a legally binding document and the only way to make sure your money, property, possessions and investments (known as your estate) go to the people and causes you care about.

This way you have full control of what happens to your assets after you die.

This way you also make any donation to the charity of your choice.

What happens if I die without a will?

Without a Will your assets will be divided according to the law, which may not meet your wishes.

If you’re married with children, your spouse may not automatically inherit everything you own. Instead, your assets may be divided between your spouse and your children. If you are unmarried your partner may not get any of your assets. If a property is in one person’s sole name, and he/she dies, the spouse will have difficulty having the property put in their sole name as the lender may have issues with this.

It is important to assess your situation and make sure what happens to your estate and hard work is exactly as you wish.

Do I need a solicitor to make a will?

There is no need for a will to be drawn up or witnessed by a solicitor. If you wish to make a will yourself, you can do so. However, you should only consider doing this if the will is going to be straightforward.

It is generally advisable to use a solicitor or to have a solicitor check a will you have drawn up to make sure it will have the effect you want. This is because it is easy to make mistakes and, if there are errors in the will, this can cause problems after your death.

If you’re answer to any of the following 5 questions are No then you need a legal expert to guide you in your planning and securing your family’s future.

• Have you made a correct Will?
• Have you got a Power of Attorney?
• Have you set up a Living Trust?
• Have you provided for Long Term Care?
• Have you set aside a Lump-Sum for your funeral arrangements?

What are the legal requirements for a valid will? 

In order for a will to be valid, it must be:

• made by a person who is 18 years old or over and
• made voluntarily and without pressure from any other person and
• made by a person who is of sound mind. This means the person must be fully aware of the nature of the document being written or signed and aware of the property and the identity of the people who may inherit and
• in writing and
• signed by the person making the will in the presence of two witnesses and
• signed by the two witnesses, in the presence of the person making the will, after it has been signed.

A witness or the married partner of a witness cannot benefit from a will. If a witness is a beneficiary (or the married partner or civil partner of a beneficiary), the will is still valid but the beneficiary will not be able to inherit under the will.

Although it will be legally valid even if it is not dated, it is advisable to ensure that the will also include the date on which it is signed.

As soon as the will is signed and witnessed, it is complete.

If someone makes a will but it is not legally valid, on their death their estate will be shared out under certain rules, not according to the wishes expressed in the will.

How much does a Will cost?

Please see our full price guide for more information.

Why choose Fairmont Law Solicitors?

We make sure your assets, no matter what you have, get the best chance of building wealth in your lifetime. And upon your death, we strive to make sure your family is supported, through expert planning today.

With Fairmont Law Solicitors you’re in safe hands.

Frequently Asked Questions