Wills

by Christine Abel- Partner

Q. I made my Will 10 years ago.  Is it still valid?

A. There are some changes in personal circumstances that would invalidate all or part of your Will, for example a marriage or divorce. You may have had children since you made your Will or come into money, which may have considerably altered your financial position. This is why you should regularly review your Will. Even if an old Will is still valid, it doesn’t necessarily mean its contents are appropriate!
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Q. How do I know if my Will needs updating?

A. Think about your current family situation and then look at the terms of your Will. Do they match up? We are happy to check any existing Will to ensure that it is appropriate and up to date. This includes checking to see whether or not proper provision has been made for all your dependants and that it really does say what you think it does. We can also advise whether or not inheritance tax would have to be paid on your death; reducing the inheritance you are expecting to leave your loved ones. If this applies to you we can suggest ways, under current law, that you could possibly reduce or eliminate this tax burden.
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Q. What if my Will was drawn up by another firm of solicitors or is a homemade Will?

A. We are happy to check any Will, no matter who prepared it. However it is always best to have your Will drawn up by a qualified professional such as a solicitor or legal executive. This will give you peace of mind that your Will has been prepared exactly as you wish and that it is valid. We can also provide you with full advice on all related matters. There are dangers in taking up offers of ‘cut price’ Wills and they often cause more problems than they solve. We regularly see poorly drafted Wills, prepared by non-lawyers, brought to us with a request that we sort out the problems or start again from scratch.
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Q. I have been asked by a Will Writer to pay quite a lot of money ‘up front’ for Executors’ costs and for Will storage – is this right?

A. No. Reputable firms of solicitors will never ask for money on account of Executors’ fees whilst you are still alive, or for ‘storage charges’ to hold (or even worse, to release) your Will. We at Hayes + Storr are happy to check and store your Will, deeds and other important documents, safely and free of charge in our secure fireproof strong rooms, for however long you want us to. Be very wary of, and avoid anyone who says they write Wills who tries to charge you in this way. The worst story we heard was where a request was made to a so-called ‘Will Writer’ to release a Will but they threatened to destroy it if the next of kin did not pay 10 years of storage charges amounting to hundreds of pounds.
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Q. So remind me, why should I use a Solicitor and not a Will Writer?

A. People’s lives are complex and their wills need to be tailored to their own needs.  Solicitors have full professional expertise, and are backed by solid indemnity insurance.  There are no comparable training and qualification standards for Will Writers.
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For further information regarding the above please contact Christine Abel on 01328 863231

“This Questions & Answers page aims to supply general information, but it is not intended to constitute advice.  Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead.  However no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy.  Always seek our specific advice."