Making a Will
Don’t delay. Protect the ones you love – Make a Will
At GESols we understand that thinking about making a Will or imagining life without a loved one can be extremely difficult. We regularly experience the legal complications faced by families who have lost a loved one who did not leave a Will. Taking a small amount of time to plan your Will now can ensure that people you care for have certainty and peace of mind when they need it most.
GESols understand that family relationships can be sensitive and complicated. Our friendly, dedicated team of lawyers strive to ensure that making your Will is kept as straightforward as possible, whatever your circumstances. We can assist with the preparation of a basic Will as well as dealing with more complex issues as an when they arise. We will simply ask you what your wishes are and draft your Will to reflect them providing reassurance that your loved ones will be looked after as you intended.
To ensure that the people who matter are cared for when you no longer can or if your circumstances have changed and you wish to amend your Will – contact us to make an appointment today.
Consult with our Will Writing Solicitors in Cheshire
Making a Will FAQs
You must be 18 years or older to create a Will in England and Wales. Two exceptions exist: soldiers on active duty and sailors at sea. Although there is no upper age limit for making a Will, you must have ‘sound testamentary capacity.’ You must understand the extent of your estate and the beneficiaries to whom you are leaving your assets. If any questions about your mental capacity arise in the Will writing process, a medical practitioner may be consulted to confirm your capacity.
If you wish to create a Will on your own, you are allowed to do so. However, your Will must adhere to the Wills Act 1837 to be considered valid. Homemade Wills and those drafted by untrained and unregulated Will writers may lead to disputes, which can be both time-consuming and expensive to resolve. In certain situations, the resolution of Will disputes may necessitate Court intervention.
- Personal information
- Your assets and possessions
- Who will be your beneficiaries?
- Specific gifts
- Donations and gifts to charities
- Inheritance Tax allowances
- Other wishes
Crafting a Will enables you to distribute your finances, property, belongings, and investments how you want among your family, friends, and other individuals or causes that are important to you. Your property, possessions, and investments are known as your ‘Estate.’ If you don’t make a will, your estate could be distributed in a way that does not meet with your wishes and loved one’s may go without the proper financial support at what is often, a very difficult time. Not making a will can also lead to conflict and dispute between relatives at a time where support and care should be the focus.
Someone dying without a Will is known as dying ‘intestate’. The guidelines that outline the distribution of assets in such cases are known as the ‘intestacy rules and statutory legacy’. The surviving spouse does not automatically inherit everything. Talk to a member of our Family Law Team to explain these complex rules in a straight forward and relaxed manner.
Having dementia does not automatically prevent you from making or renewing your Will. You can still protect yourself and your loved ones by making a Will, as long as you have the mental capacity required to make a will, known as ‘testamentary capacity’.
There is a legal test for determining whether someone has testamentary capacity. This states that the Will maker must:
- Be able to understand the nature and impact of making a Will
- Be able to understand the extent of what they own
- Be able to understand who could claim if they are not named in the Will
- Have no disorder of the mind that prevents them from exercising their natural faculties when deciding how to dispose of their property under their Will.
Despite dementia being a disorder of the mind, it does not automatically mean you lack the understanding and capacity to make a Will.