Frequently Asked Questions

WHY SHOULD I MAKE A WILL?

Or alternatively...What happens if I don't make a Will?

You might be familiar with this scenario.... it's the middle of the night and thoughts bother you...lying awake you suddenly think: "I must get a spare key cut in case I lose one"... "I must remember to get some contents insurance".... "I really ought to make a Will!"

These thoughts might be gone in the morning, and sometimes you procrastinate and do nothing - until you lose your key, or the new suite is ruined, or....

Making a Will is all about protecting your assets and preventing confusion for your family should the worst happen. For some families, inheritance is pretty straightforward.

However in these days there are many family circumstances, without forethought, where your children could end up with nothing when you pass away.

For example if you do not make a Will, and you remarry and die before your new partner does, your partner's family will inherit everything and your own children may find themselves unsupported and even not entitled to a single family heirloom unless provision is made for them. If they try to contest this through the Courts, this is a lengthy and expensive process with no guarantee of success.

Many people put off making a Will for various reasons. One of the biggest reasons for delay is that you simply might not want to take time off work just to trail in and out of a solicitor's office.

Making a Will involves not just one, but two or three visits to your Will Advisor. One to discuss your wishes, two to sign the Will, three or more if you change your mind or there are any amendments.

You might worry that it'll cost a lot or feel it's an unnecessary expense at this time.

Some people prefer to live in the moment, because they are happy and healthy. At some point however, this may not be the case. You may be incapacitated unexpectedly and unable to communicate your wishes to your nearest and dearest before you pass away. The last thing anyone wants to do when they are ill, is start making important decisions about money and ringing round for a short notice Solicitor's visit at the bedside! It is best to get this sorted out well before your family end up arguing.

If you pass away without making your wishes clear, the Laws of Intestacy may apply which will mean that large chunks of your estate go, not to your loved ones, but to the Government coffers. In the case of sudden incapacity or worse, this can lead to a great deal of stress and expense for your surviving relatives trying to decide retrospectively amongst themselves, what your wishes were.

Needless disputes about property can run into thousands of pounds.

In some cases where estates are over a certain value, your possessions will be divided automatically according to certain rules which may not be in accordance what you wanted at all. If you have no surviving relatives, your possessions, lock, stock and barrel, go to the State when you might have wanted to pass some benefit on to your favourite Charity or your friends.

Whether you have a little, or a lot, to leave, if you look around your home, savings and property we are sure you will find that you would prefer to have control over what what will happen to it all.

A couple of hours with a professional Will writer in your own home will save you a great deal of money and grey hairs at midnight, and, when you think about the implications of NOT making one, it's really very good value!

Protect your family's future...cross those nagging doubts off your list!

Make a Will when you can think clearly and concisely and there will be no doubts (or family arguments) about your wishes later - contact us now for advice on making your Will.

WHAT DOES MAKING MY WILL INVOLVE?

In your Will, you will be able to:

Appoint Executors of your choice.

Appoint guardians of your choice for your underage children.

You can leave money in trust for any children or dependants with disabilities so that it does not count against them when claiming Government benefits.

Provision for unmarried couples/same sex partners wishing to leave property to one another (clauses can be added if a wedding date is booked)

You might also wish to leave legacies to relatives.

You can also state who you do NOT wish to benefit from your Will.

You may also mention in your Will any funeral requests that you want carried out. Your personal wishes, once written into your Will (so long as they are not illegal!) must be honoured.

Donations to your favourite Charity/ies.

If you are going to be cremated you can stipulate where you want your ashes scattered and any memorials, headstones, you wish put up in your name.

Your preferences for organ donation

Allowing for decisions about pets

Your professional Will Writer will help you decide these and any other things that may come up, and make sure that your wishes are clearly written in legal format that will stand up to the scrutiny of a judge.

It is also important to make a Will while you are in full command of your affairs and to keep it safe so that your Executors know where to find it.

If your Will is lost or you leave it too late in life the Court of Protection may still get involved if a doctor considers you to be 'non compus mentis' (unable to make your own decisions)at the time of making your Will, or your wishes are unclear. This will lead to unnecessary delays in winding up your affairs after your death (sometimes years) and incurred expenses from the Court of Protection will be charged to your Estate which benefits nobody other than the CoP Solicitors!

To avoid any of these pitfalls and unnecessary costs, the simple matter of getting your wishes down in a legal document is a short process and we hope to make it a simple one for you.

We offer Will writing services and confidential advice to those considering making their Last Will and Testament at a very competitive price.

Jason Coleman Associates, Will Writers in Eastbourne, East Sussex

Give us a call for impartial and friendly advice on making your last Will and Testament

Making your BIGGEST ASSET... .... your smallest concern.