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Types of Wills

One size does not fit all when it comes to a Will. There are several types available and we are here to help you decide on which one best suits your needs. 

Types of Wills in Chesterfield, Sheffield, Dronfield and Mansfield

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What are the Different Types of Wills?

No two Wills we write are ever the same but here are some typical examples of the Wills we write:

Standard Mirror Wills

Typically for a husband and wife with a modest estate who want to leave everything to each other and then on to their children.

A typical scenario would be a husband leaving his whole estate to his wife. If she dies before her husband then his whole estate is divided equally between their adult children. The wife makes a Mirror Will which reflects her husband’s Will. This type of Will is suitable for clients who have modest assets and where the adult children are their natural children i.e. there are no step children involved. Clients sometimes are not aware however that if the husband leaves everything to the wife and dies first, then she is free to make a new Will in the future. She may remarry and leave everything to her new husband rather than her children.

Property Trust Will (Life Interest Will)

This type of Will (also known as a Life Interest Trust Will) is suitable for those clients who want to ensure that their share of their main asset i.e. the family home, is inherited by their children.

The Will ensures that the surviving spouse (who may already own a share of the family home) has the right to live in the property for the rest of his/her life but will not inherit the ownership of the deceased’s share of the property. This type of Will is often used where there are step-children involved so that the needs of all family members can be taken into account. Clients who are concerned about the family home being used to pay for the surviving spouse’s care home fees can also benefit from this type of Will.

Wills for Young Children

Where the main beneficiaries of the Will are young children then extra provisions are recommended. Careful thought should be given to who will be the Trustees that will look after the assets until the children are old enough to inherit. Parents can appoint Guardians who will be responsible for the day to day care of the children.

The Guardians and Trustees do not have to be the same people. The age of the Trustees can be a factor – appointing grandparents who may have to manage the money for over 20 years may not be the answer.

Very often professional Trustees such as solicitors are the most appropriate Trustees who will invest the money with the benefit of professional expert advice rather than leaving inexperienced Trustees who very often leave the money to sit in a low-interest bearing bank account.

Specialist Wills

There are many types of specialist Wills. A Discretionary trust Will remains a popular choice. This Will places the estate into a flexible type of trust known as a Discretionary Trust. With the right Trustees in place it allows the deceased’s estate to be distributed as the family decide in the future. It allows the family to “wait and see”. Clients who are worried about beneficiaries with financial problems or possible divorces see the benefit of these types of Wills. We can also write special types of Wills including Trusts for disabled and vulnerable people.

Bloodline Wills are also popular as these Wills ensure that the assets are passed along the bloodline of the family rather than being passed to the spouses or partners of your children or grandchildren. Where families are merged, circumstances within the second family can often become complex but we can help put Wills in place to help you reach a solution.

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Types of Wills Explained



How Can Our Family Law Solicitors Help?

If you are unsure as to which type of Will would be best for you and your family then please get in touch and we will be happy to discuss this with you.  All of our Wills are tailor made to suit your needs.

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How to Make a Will

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How to Make a Will

Making a Will is commonly associated as something you do in later life however, in reality anyone over the age of 18 can have a Will and we would strongly recommend it to anyone with children.

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The service I received couldn't have been better!

Mrs C, Chesterfield

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Frequently Asked Types of Wills Questions

Can the actions of a Trustee be challenged?

If it can be shown that a trustee has breached their duty (either their legal duty or a duty pursuant to the terms of the trust) then the actions of a trustee may be subject to legal challenge.  In some circumstances trustees may be removed from office by an order of the court.

Do all Trust disputes result in court proceedings?

No.  Wherever possible we will seek to resolve the dispute informally by negotiation and alternative dispute resolution.  The majority of trust disputes reach settlement without the need for court proceedings to be commenced.  Should this approach not prove successful however, we have experience and expertise in trust litigation and court proceedings can be commenced.

How much does a trust dispute cost?

It is difficult to accurately predict the total cost of any dispute as no two disputes are the same and the costs are largely dictated by the amount of work required to bring the dispute to a final resolution. We appreciate that clients do not like uncertainty in relation to legal costs and depending on the circumstances of the case, we are able to offer a number of funding options to clients in order to suit their needs.

What are duties and powers of a Trustee?

A trustee has the legal responsibility for assets held in a trust and is required to manage the trust in accordance with the specified terms and the settlor’s wishes. Trustees are subject to various duties and as part of their function, including a requirement to: -

  • Act with responsibility and care;
  • Administer/manage the trust in accordance with the trust deed;
  • Act fairly and impartially to all beneficiaries;
  • Keep detailed records to demonstrate the trust has been managed properly;
  • Not to personally benefit from the trust.

Types of Wills Resources

DIY Will Disaster: How Poor Drafting Led to Probate Problems

DIY Will Disaster: How Poor Drafting Led to Probate Problems

A poorly drafted DIY Will led to probate delays and legal uncertainty. Learn how our Probate solicitors in Sheffield helped the family navigate the fallout and protect their rights.

Why Using a Professional Will Solicitor in Sheffield Matters More Than Ever

Why Using a Professional Will Solicitor in Sheffield Matters More Than Ever

If you haven’t made a will yet—or if you’ve used a DIY service—it’s time to think again. With more people than ever challenging wills in court, having your will written by a professional will solicitor in Sheffield is no longer just a good idea—it’s essential.

How will your spending habits change in retirement?

How will your spending habits change in retirement?

It will come as a surprise to nobody that retirement is one of the biggest lifestyle changes you’ll ever experience. But as your priorities shift and the free time available to you increases, what you might not be as aware of is the way in which your spending habits are likely to alter too.

How to Reduce Inheritance Tax (IHT) by Gifting Assets During Your Lifetime

How to Reduce Inheritance Tax (IHT) by Gifting Assets During Your Lifetime

Discover how gifting assets during your lifetime can reduce inheritance tax (IHT) in England. Learn about tax-free allowances, the 7-year rule, and smart estate planning strategies to protect your wealth.

Son successfully contests late mother's £700,000 will after evidence revealed his sister “helped” her sign it

Son successfully contests late mother's £700,000 will after evidence revealed his sister “helped” her sign it

In a recent legal case, a son successfully contested his late mother's £700,000 will after evidence revealed that his sister had physically manipulated their ailing mother's hand to sign the document.

How to Make a Will

How to Make a Will

Making a Will is commonly associated as something you do in later life however, in reality anyone over the age of 18 can have a Will and we would strongly recommend it to anyone with children.

Why do you need to change your Will when you divorce?

Why do you need to change your Will when you divorce?

Writing Wills during a marriage that leaves everything to each other upon death is very common, but what happens to that Will should you decide to end the marriage and get divorced?

Types Of Wills Explained

Types Of Wills Explained

Kathryn Wheeldon discuses the different types of Wills that are available, and how to decide which one to choose.

Intestacy Rules - What happens when there is no Will?

Intestacy Rules - What happens when there is no Will?

If your loved one dies without leaving a valid Will, there are strict rules in place known as the ‘Intestacy Rules’ which decide how their estate is divided.

How to make use of IHT exempt gift allowances

How to make use of IHT exempt gift allowances

Internet shopping may have boomed during the pandemic, but many people have spent less than usual while forced to stay home during the periods of lockdown. For those with spare money, they have an opportunity to make the most of inheritance tax reliefs on gifts to family and friends if they act swiftly.

When Is the Right Time to Arrange an LPA for Someone with Dementia?

When Is the Right Time to Arrange an LPA for Someone with Dementia?

When a loved one is diagnosed with dementia, families are often thrust into a whirlwind of emotional, medical, and legal decisions. Among the most critical—but often overlooked—steps is arranging a Lasting Power of Attorney (LPA).

Wills - The importance of getting it right

Wills - The importance of getting it right

The Coronavirus has affected everyone in many different ways, but one thing is for sure, it has provided a reminder to many of us about the importance of having our personal affairs in order. For most people this process starts by writing a Will.

Intestacy: What Happens if I Don't Have a Will?

Intestacy: What Happens if I Don't Have a Will?

We are getting a lot of questions from clients around this topic at the moment, so we thought that an article outlining the intestacy rules would help to guide you.

Producing a valid Will whilst social distancing

Producing a valid Will whilst social distancing

The last few weeks have forced us all to change the way that we live our lives. From working, to schooling, to socialising and even shopping – we have had to adapt. There is no doubt that technology has played a big part in allowing us to adapt and indeed stay somewhat connected to the loved ones that we cannot meet in person.

New service for identifying charitable bequests

New service for identifying charitable bequests

A new system alerting charities to when they have been left money in wills is to be established by HM Courts and Tribunals Service (HMCTS) following a decision to end its current arrangement.

Don’t forget your digital legacy

When we think about what we leave behind when we die, the majority of us take an approach that gives little regard to the vast amount of digital assets we hold.

Online Life = Digital Legacy

Online Life = Digital Legacy

We all increasingly live our lives online whether it be through various social media profiles to paperless billing for your gas and electricity account. When you’re in control, there’s no denying it makes life simple and even if you lose or forget your password, a link will be sent to your email account and within seconds you’re back in control.

A Guide to Giving Away Your Home

A Guide to Giving Away Your Home

If you are thinking of giving away your home or other assets you must read this. Download our free guide today.

The steps cohabiting couples should take when drawing up a will

The steps cohabiting couples should take when drawing up a will

There’s no denying the huge steps forward seen in creating equality for same-sex couples in the UK during the 21st Century, first with the Civil Partnership Act 2004 and then the Marriage (Same Sex Couples) Act 2013. However, as heterosexual couples have marriage as the only option open to them to make their relationship formal, there have been suggestions of a new inequality having now been created. A legal challenge by mixed-sex couple Rebecca Steinfield and Charles Keidan to be able to enter into a civil partnership instead of a marriage was unsuccessful earlier this year, meaning it’s unlikely the situation will change for heterosexual couples in the near future.

Wills and Planning for the Inevitable

Wills and Planning for the Inevitable

Research just published underlines how ill-prepared most people are in terms of their end of life planning.

The Jones Family: Family Wills Bundle

The Jones Family: Family Wills Bundle

Wills for everyone in the family can be expensive. Read about our exclusive Family Wills Bundle offer, easily explained by the Jones family, here!

Why Should I Use A Solicitor To Make A Will?

Why Should I Use A Solicitor To Make A Will?

There are lots of quick and cheap ways to write a will, so why do people use legal professionals? Open the infographic to find out why...

Trustees’ Responsibilities

Trustees’ Responsibilities

Our free guide to these duties.

What does the Inheritance Tax Change mean to you?

What does the Inheritance Tax Change mean to you?

Last week, during the Budget, the Chancellor formally announced a key change to Inheritance Tax (“IHT”) that would take affect from 2017.

The True Cost of Divorce in Retirement

The True Cost of Divorce in Retirement

The financial effects of divorce last much longer than the initial cost of the break up.

Ashgate Hospicecare 'Make a Will Month' gets Underway

Ashgate Hospicecare 'Make a Will Month' gets Underway

As a regular supporter of Ashgate Hospicecare, Banner Jones are delighted to be supporting this years ‘Make a Will Month’ campaign.

Staff were fabulous, very personable and certainly knew their jobs.

Mr B, Mansfield

Wills writing

Jenna was fantastic, I will definitley recommend to family and friends. I will not hesitate to use your services again.

Mr & Mrs B, Sheffield

Will Writing

My experience with your company has been beyond reproach, my adviser was just superb, her advice and care and understanding were absolutely first class.

Mr B, Mansfield

We wish to thank Banner Jones for incredible assistance in guiding us and explaining the process of our Wills and LPA'S.

Mr & Mrs S, Chesterfield

I am a 93 year old lady, and I was treated as if I was family. Caring and helpful in explaining everything to my dull brain. Thank you.

Mrs F, Old Whittington

From the minute you walk into reception you are put at ease, and this continues right through the chain. Would recommend them any time.

Mr G, Chesterfield

I can’t thank Banner Jones enough for the kindness and patience, and would highly recommend this firm.

Mrs S, Chesterfield

Will Writing in Chesterfield

All our wishes were sorted by the solicitor with no problems, and in an easy and understandable way. Have already recommended Banner Jones to family and friends.

Mr & Mrs W, Grassmoor

Will Writing

Excellent company. Highly satisfied.

Mrs H, Ashgate

Will Writing

Excellent service. Professionally done.

Mr S, Brimington

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