Where should I keep my will?

Keep your will in a safe place. If the will is misplaced, it may be presumed to be null and void. Solicitors often hold wills on behalf of clients. Usually there is no fee for this service. You should keep a copy of your will and note on the copy where the original is stored.

If you are creating your own will by using an online service, or kit, we recommend using a professional legal document storage service like Will Store. Will Store specialises in the storage of Last Wills and Testaments, which are stored in fireproof safes.

Some of the benefits and services are:

• Storage in Fireproof safes.
• Notification to your Executors of where your Will is stored.
• Yearly contact regarding updating your Will.
• Notification when you have updated your Online Will but have not provided a new copy for storage.
• Assistance for your Executor.
  

Using this type of service ensures extra peace of mind knowing that your Will is stored safely and securely.

You should always advise your executor where your will is stored. Any personal administrative instructions for the executor can be relayed in a letter of instruction.

Your Will After Marriage or Divorce

If you created a will before you married, it will automatically be revoked when you marry, unless it was made with a particular marriage in mind, or stated in general terms that it was made in contemplation of marriage. To avoid any confusion, it is advisable to make a new will when personal circumstances change.

Any gift or appointment (e.g. as an executor or guardian) in favour of a former spouse in your will is automatically revoked when a divorce decree becomes absolute or an annulment is made. Again, as personal circumstances change, a new will or codicil should be created.

Can I alter my will if I change my mind?

Yes. You may alter your will at any time. If circumstances change, you can and should alter your will. However, you cannot simply make an alteration. All alterations or modifications must be documented legally.

If the alterations are minor, you can make a codicil (a separate document in which you change a provision in your will). However, it is usually safer to make an entirely new will. Like the will, a codicil must be signed in the presence of two witnesses.

What happens if I do not make a will?

Without a will, the legal procedures are more complicated and time-consuming and may cause additional expense, worry and hardship to your family and loved ones.

The law provides a formula which sets out who is entitled to the property of a deceased person who has not left a will. The formula may not distribute your assets according to your wishes.

If there is no will, the Government does not take a deceased person’s property. But, the court will distribute the assets at its discretion. The government only intercedes in cases where there are no family members or clear beneficiaries.

How can I make sure my wishes are carried out?

Each valid will should appoint an executor or a person designated to administer your estate after you die. More than one person can be named as executors. You can choose anyone to be your executor including your spouse, relative, friend or your Solicitor. You should first ask individuals if they are prepared to take on the administrative responsibilities.

Being an executor is a responsible position. The executor must obtain probate of the will and administer payment of any tax liabilities, debts or expenses before distributing the balance to the beneficiaries named in your will. An executor who is not a beneficiary may apply to the court for payment for his or her work as executor.

Can I make a will myself?

If you wish, you can draw your own will. Printed forms for wills are available from stationers. There is no requirement that a solicitor must draft a will.

However, it is not in your best interests to draft your own will. There have been many cases where personally drafted wills were either unclear, not properly drawn or caused an unwanted tax liability. Many of these cases end up in court and take years to resolve. This can cause distress and even hardship to the family of the deceased. In general, Solicitors do not charge a large fee for making a will.

Generally, investing in a professionally drawn will is a good investment and can eliminate much hardship in the future.

Our Online Legal Wills are drafted by solicitors & for added peice of mind, your will can be personally solicitor checked by using our service

What is a ‘valid’ will?

A valid will is one that has been accepted by a court and put into effect by a grant of probate. To be valid, your will must be:

• In writing – handwritten, typed or printed.
• Signed – ideally your signature should be at the end of the will.
• Witnessed – two witnesses must be attest or acknowledge your signature on the will. These witnesses must also sign the will in your presence. These witnesses do not have to be present together at the time they sign.
  

If your will is not made in this manner it may not be enforceable. The court has the authority to grant or not to grant probate (confirm that the will is valid). If the will is not probated, your property could be distributed at the discretion of the court. The court must comply with the distribution set forth in a properly executed will.

What is a will?

A will is a legal document that names the persons to receive your property and personal possessions at the time of death. These persons are called beneficiaries.

Your property and possessions include all your tangible and intellectual assets and personal property. Your real estate holdings and interests, automobiles, cash in bank accounts, insurance policies, equity shares, jewellery, pictures, furniture and other personal property are included in your estate.

Making a will is the legal way to ensure these assets will be distributed according to your stipulations.

How Does a Solicitor Checked Will help me?

Having a solicitor check your will is in your best interest because the solicitor will:

• Assure the validity of the will and that it is properly drawn, signed and witnessed.
• Clarify that your wishes are precisely expressed in the will.
• Advise you regarding adequate provision for your spouse and children, or for any former spouse or any dependants.
• Advise you as to any possible liability for capital gains tax, which might result from provisions you have made in your will.
• Advise you on choosing an executor and on the executor’s right to be paid for his or her time and trouble in administering your estate.
• Advise you on the best way to arrange your affairs.

Legal Documents Online offers optional Solicitor Checked Wills. Have your Legal Will personally checked by a Solicitor. Just complete your Legal Will online and at the end of the process, you will recieve an option to submit your Legal Will to an associated solicitor.

One of our Solicitors will contact you by phone within 2 business working days to discuss the final drafting of your Legal Will.

This service is ideal for those with comprehensive Legal Will requirements, children from previous marriages or those who just want that extra peace of mind of individual solicitor approval.

Should I Have A Will?

Yes, you should have a will. You have spent a lifetime building your portfolio. If you are concerned about who will receive your assets and personal property, you can determine the rightful recipients by creating a will. A will protects your family and loved ones and assures that your assets are distributed according to your instructions.

If you are married with dependents, a will is still necessary. In the event of a tragic double fatality, the older spouse is considered to have died first. The younger spouse automatically inherits the older spouse’s assets. If the younger spouse does not have a will, the assets will then be distributed based on a court determination.