Wills FAQs
What is an Executor?
An Executor is the person, or people, named in a Will to be responsible for executing the wishes of the testator once they die.
Do I need a Solicitor to write a Will?
No. Anybody can make a Will. However, a specialist Estate Planner like Will & Tess will ensure that your Will is written and Executed in accordance with the requirements of the Law. Failure to comply with the requirements of the Law could cause your Will to be disputed or altogether invalid. Not only this but a specialist will be able to draft and execute your Will but give crucial information to you about inheritance tax and Estate utilisation.
Is my Will effected by my getting married?
If you have a Will at the time you get married, the Will becomes revoked by the marriage or civil partnership. This means that the Will is no longer Legally binding. Therefore, it is important that on or shortly after your big day you Execute another Will. In some instances, it may be suitable to Execute a Will in anticipation of a wedding with a clause to include the anticipated spouse or civil partner.
What do I need to include in a Will?
Your Will should include the appointment of your Executors and Trustees, and the details of who you would like specific property such as land, jewellery, art, money, insurance policies, bonds, digital property and more, to be inherited by upon your death. You can also include guardianship clauses for any children under the age of 18 in your care at the time of your death, funeral wishes, wishes for your pets and the donation of organs.
Who can witness my Will?
Anyone over the age of 18 can witness the Execution of a Will provided that they have the capacity to do so. The law states, however, that in order for the Execution of a Will to be Lawful, the testator must sign the Will in the presence of two witnesses, and vice versa. A beneficiary within your Will could be a witness but if they are, you would require two other witnesses. This also applies to the spouse or civil partner of a beneficiary.
Is my Will effected by my divorce?
If you have a Will at the time of your Divorce being finalised, any reference to your former spouse or civil partner becomes void. The former spouse or civil partner is then considered to have predeceased the testator therefore, the Will is still valid but the former spouse or civil partner will not inherit as they would have done prior to the divorce.
Lasting Powers of Attorney FAQs
Why should I make a Lasting Power of Attorney?
A Lasting Power of Attorney gives the power to a delegated person or people, known as attorneys, to make decisions on your behalf in the event that you are not able to do so for yourself. If you have lost mental capacity, whether this is temporary or permanently, you are not able to appoint somebody. Instead, a lengthier process would need to take place of acquiring a Court of Protection in which the Government would become involved in your care and or finances and this is far more expensive.
Should my Attorneys be the Executors in my Will?
This is up to you. There is no requirement for the Executors in your Will to be appointed as your Attorneys, the choice is yours. When you pass away, the Lasting Powers of Attorney becomes void and therefore, if your Executors are your Attorneys, they cannot rely upon your Lasting Powers of Attorney for their authority to act on your behalf but should be acting in the capacity of your Executors.
Can my Attorneys make decisions on my behalf straight away?
When making a Lasting Power of Attorney you can make the decision to allow for your attorneys to have power as soon as the papers are registered or you can choose to withhold power until you lose mental capacity.
Can I cancel my Lasting Powers of Attorney?
Provided that you have sufficient mental capacity at the time you wish to end the Lasting Powers of Attorney, you can. You would need to provide the Office of the Public Guardian with the original Lasting Powers of Attorney document together with a Deed of Revocation.
About Will
Our Will & Testament guide 'Will' is here to help you get a better understanding of the pricing structure of a Will. He will help you understand your way round making a brand new will, for peace of mind and the security of loved ones.
Please don’t leave estate planning to the last minute - Will & Tess will help you understand your way round making a brand new will, which will give you peace of mind so you know your loved ones are protected from the financial impact of a life-changing event.