Wills FAQs

Yes, but it probably is not sensible. There are various technical aspects to making a Will which must be observed if it is to have force and validity. Many so called home-made Wills fail to make the grade with the consequence that the deceased is treated as having died without a Will and all his wishes fail to take effect. Even if the home-made Will is valid, the wishes which are expressed are often ambiguous and the Estate risks incurring a substantial bill in trying to sort matters out.

Please do use a Solicitor for the preparation of your Will, and you can then be sure that everything is done correctly and properly. Making a Will with a Solicitor is not an expensive business at all.

If you have children who are under the age of 18 years, then your Will can appoint guardians; the people who will look after your children if both their parents should die. This of course is very important. Beyond that, a Will provides a good opportunity for avoiding or minimising the liability of an Estate to pay Inheritance Tax.

If you happen to have property and savings which amount to more than the tax threshold, at a rate of 40%, Inheritance Tax on sums above the threshold can prove expensive. You can also use a Will to set out your wishes and directions for your funeral and to say whether your preference is for burial or cremation.

The short answer is no. When someone dies, their Will will often have to go to Probate. This is a procedure whereby the Executors of the Will apply for a Court Order, which is called Probate, and that Order confirms the validity of the Will and the appointment of the Executors. This helps Banks, Insurance Companies and others to be sure that the funds they are holding for the deceased are paid out to the right people. After all a Bank would not want to pay the balance on the deceased’s Account to Executors of an old or invalid Will because it would still remain liable to pay the real Executors. Someone might make several Wills in their lifetime each one cancelling the earlier ones.

This is document which, signed and witnessed, sets out your wishes for your health care and end of life treatment if in future you are unable to give directions.