Goughs

TOP TIPS FOR MAKING A WILL

Alexine Moran, an Associate in the Private Client department at GOUGHS SOLICITORS, gives her top tips on making a Will.

Apart from the usual considerations to have when making a Will, such as choosing trustworthy Executors, Trustees and guardians, ensuring you have replacement Executors and Trustees, it is important to also be aware of the less common factors.

Top tips for making a Will: 1. Select who is drafting your Will carefully It’s always better that a professional drafts your Will. That way you will be advised to your individual circumstances, whilst ensuring the Will is executed (signed) in the required format. If it is not it can be deemed invalid and consequently, if there is no prior Will to turn to, your estate will fall under the intestacy rules (and may not reach your intended individuals).

2. Make your wishes known If you have made a provision in your Will, for example, leaving your estate in unequal shares to beneficiaries, i.e. children, it may cause upset. When a loved one has passed away, emotions can run high, and some may react in a way that is not expected. Therefore, it’s always advisable to leave a letter with your Will explaining why it has been drafted in the manner that it has and explaining the rationale behind it. The letter could offer an explanation, making it easier for everyone to understand why the Will has been prepared the way that it has.

3. Aware of an illness – things to consider When one is not well, or is diagnosed with an illness, it often prompts a person to review their affairs, and preparing a Will is often a part of that. If the illness could affect the functioning of your mind, for instance, Alzheimer’s or Dementia, it is advisable to have a professional mental capacity assessment prepared to confirm capacity for making a Will. It will serve as a supporting document to your Will and would be very helpful should a Will ever be questioned or challenged (in circumstance as outlined above). Will disputes are on the rise and the more you can support your reasoning the better.

Associate Private Client Solicitor Alexine Moran

"When one is not well it often prompts a person to review their affairs, and preparing a Will is often a part of that."

such as a safe, or often the popular choice is at a solicitor’s office in a strong room. It follows that you should have a copy of your Will amongst your paperwork at home, clearly showing where the original is being stored so that when the time comes it makes it easy for your Will to be located.

5. Review your Will every 3-5 years Where possible, try to review your Will every 3-5 years, or if your circumstances have changed, as your new situation may not be in line with the provisions of your Will. Lastly, should you marry, be aware that a marriage revokes a Will and, again, if there is no previous Will to turn to, your estate will fall under the intestacy rules.

For more information, or to make or amend a Will, contact Goughs Solicitors on info@goughs.co.uk.