Will Writing Service

Yes. By making a Will, you can set out exactly who is to get what amount. For example, if one of your children needs money more than another, you can leave them unequal amounts if you wish.

Yes. The Intestacy Rules don’t allow for any gifts to charity out of your estate. By making a Will you can leave a set amount or a percentage of your total estate. It’s a great way to say “thank you” for the wonderful work they do – and it helps to save Inheritance Tax too!

No. If you have any asset worth over £5,000, any stocks and shares or a property then your executors will usually need to apply for probate. If you don’t make a Will, they need to apply for Letters of Administration instead, which is very similar. Unless your assets are all owned jointly with someone else and pass to them automatically, you will need Probate before your estate can be paid out. We can provide detailed advice about this if you need it.

If you bring your existing Will to us, we can offer you a fixed-fee initial meeting to discuss whether it still carries out your wishes or not. If not, we would be happy to update it or to make a new Will. It does not matter who wrote your Will originally.

If you bring your existing Will to us, we can offer you a fixed-fee initial meeting to discuss whether it still carries out your wishes or not. If not, we would be happy to update it or make a new Will. Our will writing service Chesterfield team can review everything with you; it doesn’t matter who wrote your Will originally.

Yes.  There are a number of circumstances in which it is possible to challenge the validity of a Will.   These include a lack of capacity or knowledge or approval of the testator, undue influence or fraud.  Should you have any concerns regarding the validity of a Will, you should obtain legal advice from experienced will dispute solicitors such as Banner Jones as a matter of urgency.

Under the Inheritance (Provision for Family & Dependants) Act 1975, it is possible for certain individuals to pursue a claim if they can demonstrate that the financial provision made for them is inadequate or unreasonable. If you are considering disputing a Will, our team of trust dispute solicitors can advise you on your options.

There are several possible outcomes such as the Executor/Administrator agreeing to stand down or be replaced, the Executor/Administrator undertaking to carry out their function going forward and even the removal or replacement of the Executor/Administrator.  No two situations are the same and therefore consideration must always be given to the most favourable outcome given the specific facts of the matter.

Your Will is a private document whilst you are alive and becomes a public document after you die and probate is granted. Anyone can then obtain a copy from the Probate Registry for a small fee. While you are alive, though, no one has any right to see your Will unless you want them to.

Leaving a Will means you can be sure that everything will be dealt with in the way you would wish following your death. It’s a great feeling to know that you won’t be leaving your loved ones with a mess to sort out.

If you don’t make a Will, the “Intestacy Rules” will govern how your estate is divided up when you die. They determine which of your relatives receives how much and this can lead to some nasty surprises. Working with a trusted will writing service Chesterfield residents rely on gives you control and peace of mind. They don’t provide at all for your friends or even for a partner whom you may have lived with for years – they will inherit nothing. Under the Intestacy Rules, your step-children are not counted as your children if you have not formally adopted them and will inherit nothing – even if their other parents have already died.

When you die, someone will need to deal with the practicalities. If you don’t make a Will, you have no control over who this will be and it will usually be a family member.

If you make a Will, you can choose who you would like to deal with things. You may prefer to appoint a professional, such as a solicitor or accountant – someone who will not be suffering the distress of bereavement. If you are married and have combined assets of £325,000 or more (for tax year 2009/10), you can also save up to £130,000 of Inheritance Tax by having a tax-efficient Will drawn up. That’s £130,000 more for your children or your partner to enjoy.

Yes usually, when you get a divorce your ex-spouse becomes excluded from your will as either a beneficiary or an executor. This will have undesired consequences should you choose not to write a new will.

Your original will may have been drawn up on the assumption that your spouse would take care of the children with the money left to them. You may now wish to arrange an appropriate trust to hold the inheritance for your children. You may also want to alter the way in which your assets are shared amongst beneficiaries.

In your financial settlement you may agree that when you divorce one or both of you will make provisions in your new will for your ex-spouse and any children.

If your ex-spouse still remains dependent on you it may be possible to challenge your will if it does not make provision for him or her.

The Executors named in your will can only deal with your property and affairs after your death. Executors do not have any powers during your lifetime, even if you lose mental capacity. However, you can choose to appoint the same people as your Executors and your Attorneys. Having attorneys managing your affairs during your lifetime can sometimes help the estate administration run smoothly, as the attorneys, when they become executors (if they are the same people) are already familiar with your financial affairs.

In the absence of a valid Will, you would not automatically be entitled to a share of their ‘estate’ and you would have to go to Court to make a claim. A properly drafted Will drawn up by our will writing service Chesterfield team can help cohabiting couples avoid this situation entirely.