Making a Will

During your life, you work hard to provide financial security for your family and others. Making a Will is the only way to be sure your assets go to the people and organisations you wish to provide for after your death. Making a Will also ensures this can happen with the minimum of expense or delay.

If you die without making a Will, the law of the State you reside in will determine what happens to your assets, even if this goes against your wishes. Not making a Will may also add to the expense of the legal processes following your death, meaning that less assets are available to pass on to your beneficiaries.

Using a probate lawyer when making a Will is not expensive if your requirements are simple. The main advantage of making a Will with the help of a professional, is that the Will document itself will clearly express your wishes and meet all of the proper legal requirements. When the time comes, your wishes can then be executed with certainty and efficiency.

You need to think about the basics before making a Will, such as:

• Who would you trust to be the executor (the person who carries out your wishes)?
• Who would act as Guardian to any children under 18?
• How your estate can best meet the needs of your family?
• What other people or organisations would you like to benefit?
• Is there anyone you would specifically like to leave out of your Will?

There will be many more things to consider when you are making a Will, but your chosen probate lawyer will be able to advise you on these.

You should update your Will from time to time as your life changes, for example getting married or divorced, buying property or having children after making a Will all require changes to your bequests. Changes to your Will are called Codicils and just like making a Will for the first time, their addition should be handled by a professional to ensure those wishes are carried out when the time comes.

When making a Will, you need to be sure you have provided adequately for your dependents, such as your spouse or children. If you don't make these provisions your Will may be challenged. Similarly, if your Will does not meet the required legal standards, then its validity could be challenged, so it is definitely worth consulting a professional when you are making a Will.

This website contains details of Probate Lawyers located near you, all of whom can assist with the legal issues associated with making a Will.

Most of our Probate Lawyers and Solicitors give short, free legal advice on first telephone contact.