Your Questions About Wills Answered

What is a Will?

A Will is a legal document that sets out your wishes in relation to who owns your possessions after your death and who will care for your minor children. To ensure your wishes are followed through it’s very important that the wording is clear and legally effective, therefore most people use a professional Will writing service, such as South Hams Wills and Probate, for this reassurance.

Why do I need a Will?

Whatever your age, it's wise to write a Will. Here are some reasons why:

If you die without a Will then the people that you want to benefit from your estate, such as a partner you're not married to or in a civil partnership with, may get nothing. Likewise, if you have no living relatives and wish to leave gifts to friends instead, then the absence of a Will might mean the Government takes your estate.

Wills can be used to help minimise Inheritance tax.  If you haven't made your wishes clear in a Will or carried out appropriate tax planning, then there is a risk that you could end up leaving loved ones with unexpected tax to pay.

Wills can be used to create Trusts which provide flexibility (and often tax planning opportunities) for your bequests. See our IHT and Trusts FAQs page for more information.

You can state your wishes in a Will regarding who will look after your minor children should you die. Also, you could make tax-efficient provisions for loved ones with special needs.

In general, writing a Will can provide valuable peace of mind that your estate will go to exactly who you want; this helps to avoid family disputes after you die. Other requests such as funeral wishes can be included in a Will; although they are non-legally binding they help clarify your wishes to your family.

Can I include my young children in my Will?

There are two obvious things to consider. Firstly, who will look after your children if you pass away? In your Will you can appoint a Guardian to look after your children whilst they are under 18 years old. This appointment takes effect only if there is no one else with parental responsibility over your children when you die. Secondly, your children can be named as beneficiaries in your Will even when they are very young. You can choose to specify the age you would like your children to reach before being able to access their inheritance, typical ages are 18, 21 or 25. Whilst the child is under that age then their inheritance is managed on their behalf by people called Trustees. These are people that can also be appointed in your Will.

What gifts can I leave in my Will?

All types of different gifts, called legacies, can be named in your Will. For example, you may want to give an item of sentimental value to a particular person, or perhaps a fixed cash amount to a friend or favourite charity. The rest of your estate can be divided up between family and friends in whatever proportions you decide. Clarifying these wishes in your Will helps avoid family disputes.

Can I put wishes in my Will, such as funeral plans?

You can specify whatever you like in your Will to help guide your family, however things like funeral wishes are just an expression of a wish and don’t become legally binding on your Executors.

Can I create a DIY Will myself?

If your financial situation and your wishes are very simple, then there are online resources available for you to create your own Will. However, the legal jargon can be confusing and if you get anything wrong you could be storing up trouble for your family and friends when it comes to sorting out your finances after you’ve died. This could prove to be expensive in the long run. Worst case, mistakes may even mean that your Will is invalid, and the Law decides who your money and property should go to.

South Hams Wills and Probate offer a very cost-competitive Will writing service, explaining all the legal clauses and presenting your wishes in a succinct way using plain English.

Where should I keep my Will?

If you wish, we can securely store the original Will that you write with us completely free of charge for your lifetime. You get to keep a copy.

If you would like to ask Vanessa a question in confidence about Will writing please use the contact form below or call 01548 858806.