Will writing services and advice

Anyone aged 18 or over and of sound mind can make a Will. You should prepare a Will once you have acquired substantial assets, chosen to marry, divorce or become a parent/responsible for dependants. It’s important to regularly review and update as necessary throughout your life as it will dictate how you wish to distribute your assets at the time of your death.

If you pass away without a Will, you are considered to have died intestate. In this case, a set of statutory rules (the laws of intestacy) will determine how your assets are distributed among your family members in a predetermined order. If no family members are found, your assets will go to the Crown.

The risk of dying intestate is that you lose control over who inherits your assets. Relatives you may not intend to benefit could inherit, while those who are not blood relatives, such as unmarried partners, might receive nothing. To avoid this, it’s essential to create a Will.

A Deed of Variation is a recognised legal document which changes the terms of an existing Will or Trust. To be valid it must be set up within two years of the date of death.

It works to change a beneficiary’s share of inheritance by redistributing the assets. One of its key benefits is that it can help reduce Inheritance Tax – perhaps by adding in a gift to charity or setting up a Trust.

When it comes to the law, no two countries are the same, so there’s no one-size-fits-all solution when it comes to Wills. In the case of English and Welsh domiciled expats, the law that governs movable assets (such as cash, jewellery and personal items) is the law of England and Wales. However, immovable assets such as homes, land and property owned outside England and Wales usually falls under the jurisdiction of the country in which it is located.

In most cases – if you have relocated to or left the UK – more than one will may be required, but it’s not that simple. Having several wills means they must be carefully worded to complement each other. Normally if a new Will is written, it revokes all previous Wills. It is important that having more than one will covering two or more different countries, must not revoke the others.

Executors are the individuals you appoint in your Will to fulfil your wishes after your passing. They are responsible for handling all aspects of your affairs, such as notifying people of your death, arranging your funeral, managing any tax obligations, settling debts, gathering details of your assets and liabilities, and ultimately distributing your estate to the beneficiaries you have designated.