Why make a Will?
Why make one now?
Why come to us?
Why make a Will?
A Will gives you the reassurance that you have made provision for your estate to pass to the beneficiaries of your choice. Many people fail to leave a Will and sometimes assume that their nearest and dearest will automatically inherit “everything” anyway – but that is not necessarily the case.
If there is no Will, the law imposes rules of entitlement based on marriage or formal civil partnership and/or blood relationship. It does not mean that your partner will benefit if you are not married or have not entered into a Civil Partnership.
I myself was involved in a case some years ago when the deceased’s partner of over 30 years had to bring Court proceedings to prevent inheritance by a large number of distant blood relatives under those rules. The deceased intended to make a Will but simply didn’t get round to it and had also (wrongly) assumed that his long standing partner would automatically be entitled to his estate, including the modest home they had shared.
The existence of distant relatives had been unknown but they had been traced by investigators working in this field whose business it is to trace the relatives of those who die without leaving a Will in return for a commission based on a percentage of the inheritance such relatives receive.
The situation not only led to considerable legal expense which would have been avoided had there been a Will but it also caused considerable anxiety to the surviving partner at a distressing and vulnerable time.
Family relationships change and a second marriage is not unusual. A Will can contain terms which ensure that children of a former marriage receive some benefit in the long term without causing financial hardship or difficulty to a surviving second spouse.
I could go on……………..
Why make one now?
We often put off making a Will: we hope and expect to have plenty of time to do so but none of us has a guarantee of that. At least, once made, you have the reassurance of knowing that you have provided for the unexpected and you can get on with enjoying life.
Please remember however that you should review your Will on a regular basis (every five years or so at least) or whenever there is any major change in your or your family’s circumstances. Did you know for example that a previous Will is revoked automatically on marriage: even if you marry the very person named as your beneficiary (unless special circumstances apply and appropriate wording used to avoid such a consequence).
So, if your wishes or circumstances have changed it is important you do not delay in seeking advice.
Why come to us?
Broomhead & Saul have been drafting Wills to suit our clients’ individual circumstances since the firm’s foundation over 100 years ago – though I hasten to add that the Solicitors now here have not been with the firm that long!
We are experienced professionals. A Solicitor’s training is wide ranging and rigorous. We do not simply translate your wishes into a valid legal document but can advise you on any related matters such as the potential Inheritance Tax consequences or perhaps the need to protect assets from claims by others which may be made against the intended beneficiaries, particularly if they encounter financial or personal difficulties of their own in the future. Sometimes clients need to be made aware of possible pitfalls they have not considered.
We also comply with the required professional standards imposed by the Solicitors Regulation Authority. This does not apply to other Will writers who are not Solicitors. Once qualified we have to meet the Authority’s stringent requirements every year in order to renew our right to practice as Solicitors. We are also required to provide Professional Indemnity Insurance which unregulated Will writers do not have to provide.
I sincerely hope that you never need to resort to seeking redress from either source as we aim to provide you with the best possible service but you at least have the reassurance that it is available to you.
You may have seen recent newspaper articles regarding confidential papers and even Wills themselves being dumped on the pavement when a Will writing Company has gone out of business. Our professional obligations and this firm’s paramount focus is to act in our clients’ best interests and we would ensure no such disaster would occur to important documents relating to or belonging to our clients.
An additional benefit is that we offer to safely store your Will and any other important documents such as the deeds to your property without imposing an annual charge. Clients’ Wills (and deeds) are stored at our offices so they are accessible at short notice.
Remember your Will is one of the most important documents you will ever make. It is essential to get it right: not only so as to comply with your wishes and suit your individual circumstances but also to satisfy the strict legal requirements necessary for a valid Will.
Making a Will with us could prevent significant legal costs and delay in dealing with your estate and distress to your family in the long term. Don’t leave it to chance!
Julia Clegg
Partner
Private Client Department
Based at the Taunton Office.
If you would like to discuss making or changing your Will, please contact us free of charge for further information:
Taunton Office – 01823 288 121
Ilminster Office – 01460 570 56
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