RODNEY KING & PARTNERS
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Wills Frequently Asked Questions
A Will is one of the most important documents that you will put your signature to during your lifetime. It provides you with the certainty that your wishes will be carried out upon your death, and that your assets will be shared among the people you care about the most.
As such we at Rodney King and Partners Solicitors believe that preparing your new Will should be a carefully considered process to ensure that 
your wishes are carried out to the full. As part of the procedure we can provide advice about lifetime planning and Inheritance Tax mitigation, and discuss the impact if there were a change of circumstances for you or your beneficiaries once the Will had been signed.
We shall then prepare a draft Will and explain the consequences of each proposed clause. Only when you have indicated your agreement will we prepare a copy for signature.
We are able to offer a fixed fee in most cases, and can also arrange to visit you at home to take instructions if it is difficult for you to come to our office.
Below are answers to some commonly asked questions about Wills. If you have other questions, or would like a consultation, please contact us.
- What happens if I die and have not made a Will?
- Can I appoint someone to look after my children in a Will?
- Why not make a home-made Will?
- How often should I update my Will?
- What are Mirror Wills?
- I am remarried, can I leave my property to my children from an earlier marriage but still allow my current spouse to live in it?
What happens if I die and have not made a Will?
If you die without leaving a Will you are said to have died intestate. Without a Will a set of statutory rules (known as the Law of Intestacy) are imposed which specify how assets are distributed to family members in a fixed order. If you have no family members then your assets will go to the Crown.
The danger of dying intestate is that you will have no say in how your Estate will be distributed and to whom. Family members may benefit under your Estate when you had no intention of them inheriting. Conversely, an unmarried partner may not receive anything even though this would never have been your wish had you prepared a Will.
It is critical that you make a Will to avoid this situation.
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Can I appoint someone to look after my children in a Will?
You can appoint guardians for children under 18 as part of your Will. This will ensure that should you die your children will be looked after by the people you choose and this important decision will not be left to chance or decided by the courts.
By including this provision in your Will it can also help to avoid disputes between family members who would all like to help. By stating your wishes in a Will you can make it clear exactly what you would like to happen.
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Why not make a home-made Will?
Home-made Wills are rarely suitable. Even in the simplest cases, errors in writing the Will can make either part of the Will or the entire document invalid. Trying to save a small amount of money upfront can result in much higher costs later on, and not to mention the disappointment for potential beneficiaries who find themselves excluded.
If a Will is declared invalid, then your Estate will
be treated as if you died intestate and your assets will be distributed under the statutory rules to persons and in an order that you may not have intended.
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How often should I update my Will?
If you have already made a Will it is important that it is kept up-to-date to reflect your circumstances. You should review your Will whenever your circumstances, or those of beneficiaries, change in any significant way.
Things which may affect your Will include:
- Divorce or separation
- Having children
- Buying or selling a large asset such as a house
- Marriage
As a general rule it is recommended that you have your Will checked at least every five years to ensure that it still reflects your requirements.
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What are Mirror Wills?
When a husband and wife want to leave everything to the other spouse, they usually make Mirror Wills.
Mirror Wills relates to when both parties have the same Will but in reverse, for example, they leave everything to the other partner and thereafter to the children.
It is not possible to have a joint Will for a couple. Each individual must have their own Will, although the cost of making Mirror Wills is usually less than the cost of making two Wills independently.
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I am remarried, can I leave my property to my children from an earlier marriage but still allow my current spouse to live in it?
If you have remarried and have children from a previous marriage it is possible to ensure the financial security of your current spouse whilst still protecting your children’s inheritance.
To achieve this you need a special type of Will called a ‘Life Interest Will’. Please contact us or see our separate page in Life Interest Wills.
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