Making a Will

Everyone should consider whether or not they need a will and then aim to review it at least every five years to see if it needs updating to reflect any changes in their personal or financial circumstances.

Having a Will allows you to decide what happens to your property and possessions. It puts you in control. If you die without a Will your estate will be distributed in accordance with the Intestacy Rules. These rules are old fashioned and can lead to disappointment and injustice.

Did you know?

• If you die without a Will your husband, wife or civil partner may not automatically inherit everything; they may have to share your estate with other relatives such as your children.
• If you are not married or in a civil partnership your partner is not automatically entitled to anything.
• If you separate from your spouse, they will stand to receive at least a proportion of your estate if you die before your divorce is fully finalised.
• Marriage or entering a civil partnership will revoke your Will.

You will need to have capacity to make or change an existing Will. If you have dementia you may still be able to make a new Will or change your Will, but you should speak to your GP to check you do have capacity.

Wills using Trusts

Wills can be drafted to include trusts which can provide different levels of protection in a range of circumstances. For example:

• Protecting the inheritance of children from a previous relationship.
• Protecting the inheritance of disabled or vulnerable beneficiaries.
• Reducing the amount of tax paid out of your estate.
• Allowing couples to plan for the payment of future care fees, introducing a level of protection to legitimately reduce the amount you may need to spend on long term care.

Common Questions

• Q. How long does will writing take? Is it a lengthy process?
• Q. Is there anything I shouldn't include in my will?
• Q. Does my Executor need to be involved with the Will writing process?
• Q. What happens if my Will is out of date for some details? E.g. guardianship of children that have grown up.
• Q. Why should I use a solicitor for my Will rather than doing a DIY will?
• Q. What information does my will need to contain?
• Q. How often should I update my will?
• Q. For someone who has no living relatives or is estranged from their family, what are the main things to consider when writing a will?
• Q. Who can be appointed as executor of the will if there are no family members to appoint?
• Q. How can a solicitor help someone who has no family plan their future care?
• Q. What is an Inheritance Act Clause and how does it work?
• Q. What advice would you give to someone who is estranged from or has no family when it comes to writing a will?
• Q. How does getting married or entering into a civil partnership affect your will?
• Q. What are the intestacy rules and how do they work?
• Q. What does it mean to make a will 'in contemplation of marriage'?
• Q. How can a solicitor help couples to make a will?
• Q. Does getting a divorce impact your will?

We pride ourselves on providing Wills that give you complete peace of mind and legal assurance that your wishes will be carried out once you are gone so you know your family will be taken care of.

Contact us today to discuss your individual requirements in further detail, we'd be delighted to help, call our main switchboard on 01603 693500 for appointment available at our Norwich, North Walsham, and Sheringham office, or email us using 'Make an enquiry' form.

"We were both completely satisfied with the attentive care we received from Joseph Keeping in the preparations of our wills. The advice was clean, direct, and well taken." – Client Testimonial, October 2019

"Our meetings with Susan Rowe were relaxed and friendly but the outcomes were professional and comprehensive. We are grateful for her expertise and guidance and we are most happy with the results. Our thanks to her." – Client Testimonial, July 2019

'I have had a fantastic experience at Clapham & Collinge. A Will is not something I wanted to think about but Ben made the process stress free. He went through everything very clearly which made a potentially complicated task much easier. Thank you!' – Client testimonial, May 2019

"Very Impressed with the level of service - Lauren was very personable and professional - what we were asking for was somewhat bespoke and she accommodated our requests and dealt with everything promptly and helpfully" - Client Testimonial, October 2016

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