Wills & Probate

Somehow making a Will is something most of us put off. Is it the fear of anything to do with dying? Is it the cost? Is it lack of ideas of what is to happen to our possessions? This is a national reluctance as indicated by the title of the Law Society’s leaflet "Making a Will won’t kill you". Everyone should consider making a Will.

Lovetts is here to help. Our staff are understanding and approachable and will make the whole process as straightforward as possible.

Making a Will puts you in control of where your property and money will go. It can save misunderstandings and family upset.  If you die without a Will ("intestate") your property will be go where the law says. This can be very different to what you actually want, especially where you would like to:

In addition you may be able to save tax by including certain provision in your Will.

Lovetts will be pleased to advise you further.

Remember that if you marry, the law usually automatically cancels your Will. You will need to make another.

Where do you start?

Before making a Will you need to think:

a) what is the total value of what I own ?

b) whom should I consider (family and people dependant on me) when making my Will?

c) what property will pass to people irrespective of my will? e.g. joint bank and building society accounts will usually pass to the joint account holder. Some other joint property including houses and flats may pass to the co-owner. Remember also any life policies and death in service benefits or pension policies may be payable to a specified person.

Ask yourself the following questions. As you do not know who will survive you, ask these same questions for each of three situations that could exist at the time of your death. These are dealt with later.

1. Who are to be my Executors ?

These are the people who are legally responsible for carrying out the terms of your Will. Your spouse can be one but you should provide an alternative in case your spouse dies before you. Where there may be children under 18 at your death you should appoint two Executors. An Executor can also be a beneficiary.

3. Do I want to give specific property to family or friends ?

e.g. furniture, jewellery, works of art ? Items of a sentimental or intrinsic value may be given but it is best to avoid gifts of items that may no longer be in your possession in years to come such as cars or electrical goods

4. Who should get the rest of my property (the "residue") ?

5. What happens if the person (or one of several people) named in question 4 dies before me ?

6. Who will look after my infant children ?

These people should be named as testamentary guardians.

The expenses will be met from the trust fund, but do you want to make any gift to these people for the trouble of looking after your children ?

1) You die, leaving your spouse and children alive

2) You die and your spouse dies so that only your children are alive

3) You die and your whole immediate family have also died

It is simply not worth seeking to save the modest cost of professional advice from a Solicitor. Lovetts will be pleased to help and advise you make a Will that really achieves what you want.

Contact us and we will be pleased to answer any questions that you have and to take you through to the completion of your Will.

Probate 

"Probate" is the carrying out of the provisions of a Will following death.

It is distressing if you are faced with the loss of a loved one. It can also be daunting to take up your duties if you have been appointed an Executor of a Will.

You will find that we at Lovetts are able to sympathetically, efficiently and professionally guide you through the Probate process. Our aim is to make things as easy as we can for you and to deal with everything as quickly as possible.

"Making a Will won't Kill You"        Where Do You Start?         Top of Page