Q - What happens if I die without having made a will?
- If you don’t make a will, you die intestate.
- Your property will be divided according to the Administration of Estates Act.
- Many think that their estate will go to their partner when they die but this isn’t necessarily the case.
- Your spouse does not automatically receive your entire estate. Some of it may be distributed to other relatives whom you may not wish to benefit. An unmarried partner is not entitled to anything. They do not have an automatic claim to any of your estate – even if you live with them.
Q - Can I make my own will?
- Yes, but there are significant risks in doing so. Visiting a solicitor and getting professional advice is by far the best option. Not being versed in legal matters, you may overlook some possibilities and unforeseen changes in circumstances.
- Unfortunately you will not be around to sort things out and it can mean substantial legal fees to put things right – causing potential upset and confusion to those you leave behind.
Q - Where should I keep my will?
It is important to keep the original will safe either at home with important papers or lodged with a solicitor or a bank. NB A bank may charge for this service. If a solicitor has made the will, they normally keep the original and send you a copy. It can also be lodged at the Probate Department at the Principal Registry of the Family Division, First Avenue House, 42-49 High Holborn, London WC1V 6NP, telephone 020 7947 7022 for a fee of £15.
Q - Does my will need to be witnessed – and if so – who by?
- Your signature on your will must be correctly witnessed by two competent and independent people – present at the same time.
- The witnesses and their husbands/wives cannot be beneficiaries of the will they witness.
Beneficiaries
Codicils
Registered charity number
Executors
Gifts of Land
Inheritance tax
Marital/Civil Partnership Status
Restricted Legacies
Pecuniary vs Residue
Value of a legacy
Overseas