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This page is all about How to write your Will.
Amazing as it may seem nearly 70% of the population of England and Wales do not have a Will!!!
Why? Well there are 3 main reasons People don’t have a Will.
- The Fear Factor- Stupid as it may seem some people think that writing a Will is tempting fate, that is if they write a Will they are going to die. Nonsense obviously but for some people this is a real problem. When I am seeing clients with this fear I normally say to them “Do you insure your house thinking you are going to get Burgled” No is the answer or “Do you insure your car because you think you are going to crash” No. So why don’ t you write a Will? and when put in these terms most people realise that their fear is irrational
- Bloody Mindedness - These people don’t really care what happens if they die. Its not their problem there dead!. But what about the mess they leave for their families? For these types of people there is not a lot you can do for them unless they change their attitude. Normally this gets changed for them by their partner or spouse.
- Apathy- they have never got round to it. If you asked 100 people 99 of them would say that everybody needs a Will. They understand the importance of having one but have never got round to it. Most people believe that they have to go to a Solicitor to get a Will written. This couldn’t be farther from the truth. If you think about most high street Solicitors are a bit like GPs, they cover all sorts of legal work from Divorce to Conveyancing and maybe Will writing they are not specialist and may write a Will very occasionally, also they may be quite expensive.
Different ways of getting your Will written.
- Do it Yourself- there are lots of DIY Will packs out there. They range from £7 kits form WHS to more expensive software packages. The pre written variety of DIY wills are in my opinion a complete waste of money and can be very dangerous because the instructions are poor and can make the Will ambiguous in its meaning. Don’t use these.
- Go to a Solicitor -This entails taking time off work as they will only see you in business hours and you will have to go to their offices. They will be expensive and you will have to go back at least twice to verify the wording and to get the Will signed. Not my preferred option
- Use a Will writer- there are many professional Will writing companies out there that will visit you in your own home or at work at your convenience. They solely concentrate on Will writing and do it day in day out. I personally have been a Will writer for many years and would naturally say this is the best route to take. They can be a little on the expensive side but well worth it.
- Write in Online- I used to hate online will writing sites but recently there are a few sites that get the thumbs up from me. I have personally used Ten Minute Will and have found it to be by far the best on line service there is. The site has loads of information and guides and also caters fro all types of Will from simple single wills to more complex Protective Property Trust Wills. I highly recommend this site and use it myself.
How to decide on what goes in your Will
- The first thing you need to do to is get a register of all your assets. Make a list of everything you own either in your sole name or in Joint names. Here is an example of a list you might create but it by no means exhaustive.
- Your House and its Value
- Your bank accounts
- Any Insurance policies
- Your car, boat caravan etc
- Any valuable items such as antiques etc
- Any items that have little value but sentimental value
- Any pension death in service you may have (usually linked to a company pension scheme)
- Any other assets you may have
- Make sure that you list any foreign assets you have such as Villas in Spain etc
- Think about what it is you want to achieve. It may be quite straight forward i.e. leave everything to my wife and then to the children in equal shares. Draw a picture of your family structure and decide who gets what.
- Decide who your executors are going to be. Take at look at the post on How to choose your executors
- If you have children decide on who the Guardians will be.
- Then decide on any specific legacies you wish to leave. These can be specific items or a monetary gift.
- Decide on your Funeral arrangements
- Decide on how the Residue (whats left after your funeral and testamentary expenses and any specific gifts) is to be distributed.
Once you have gathered all this information you are ready to give your Instructions. This is a very general guide and take a look at all the posts on the site regarding Will writing and this will give you more pointers on what you can do with your Will.
When you are ready go to Ten Minute Will and you can write your will at your leisure.
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