We Provide Expert Will Writing Support
Making a Will is often seen as a daunting prospect.
At Banner Jones, we’ll take you through it step by step, ensuring that your Will reflects everything you want it to. Most of our clients say it’s such a relief to have finally done it.
Making a Will is commonly associated as with something you do in later life, in reality, anyone over the age of 18 should consider a Will. If you have children, property or specific wishes for your estate, it is important to have control over what happens.
Wills aren’t just for financial matters; you can appoint guardians for children, leave gifts to family, friends or charities, and set out your preferences clearly. Without a Will in place, your estate will be handled under the government’s Intestacy Rules. This means you do not get a say in how or who inherits or manages your affairs.
Banner Jones’ specialist Will writers go beyond basic will drafting. They will take the time to understand your personal circumstances and will give you advice surrounding all your options so that you can make an informed decision on how you plan your estate.
There are many types of Will, and our specialist Will writing solicitors in Chesterfield, Dronfield, Mansfield, and Sheffield are here to help.
Are there Different Types of Wills?
One size does not fit all when it comes to a Will. There are several types of Wills available and we are here to help you decide on which one best suits your needs. No two Wills we write are ever the same but here are some typical examples:
- Standard Mirror Wills
- Property
- Trust Will (Life Interest Will)
- Wills for Young Children
- Specialist Wills
Why is Making a Will Important?
Writing a Will isn’t just about dividing up your finances and leaving family heirlooms to specific people; it’s about making life easier for the people who care about you. Without a Will in place, your estate could be distributed in ways you never intended or would wish. This can cause unnecessary stress, delay and upset for those you may have assumed would inherit your estate, such as a long-term partner, stepchildren or close friends, who may not be recognised under Intestacy Rules.
- This becomes especially important if any of the following apply to you:
- You are not married but live with a partner. They will not automatically inherit anything under Intestacy Rules.
- You are separated with children under 18. Without a Will, the other parent will usually be the automatic administrator of your estate and the guardian of your children, even if that’s not what you would want. This even applies where the other parent is or has been absent.
- You are divorced (and have not sorted your finances or had a consent order finalised). If you haven’t updated your Will, your former spouse may still inherit or act as executor.
- You have young children. A Will lets you appoint trusted guardians and make financial arrangements for your children.
- You want to reduce potential Inheritance Tax through careful estate planning and ensure more of your estate goes to the people you choose.
- You want to make financial provisions for a disabled or vulnerable person. A Will allows you to set up a trust so that funds are protected and managed responsibly, without affecting their eligibility for means-tested benefits or leaving them open to financial abuse.
Whether your situation is simple or complex, working with a professional Will writing service in Chesterfield, such as Banner Jones, means your Will reflects your wishes and protects your loved ones in the right way.
Our Wills include FREE registration with the National Will Register.
Types of Wills Explained
Why choose Banner Jones Family Law Solicitors?
At Banner Jones, we know writing a Will can feel like a big step, so we make it straight forward, personal and professional.
Our team is made up of experienced solicitors and will writers, not generic online providers. We offer fixed fees, clear advice and a quick turnaround – no surprises or hidden costs.
- We have offices in Chesterfield, Sheffield, Dronfield and Mansfield
- Highly regarded team of qualified Will Writers
- FREE secure Will storage for life
- Members of the 'National Will Register'
- Appointments are not always necessary
- Quick turnaround
- Home/Hospital visits available
- Witnesses provided
- We'll give you tax advice as part of the process
- Fixed Fee Promise on all Wills
- We will cover every detail, leaving you able to relax
Can I give different people different shares of my estate?
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.
Can I give money to a Charity in my Will?
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!
Does having a Will mean my family won't need Probate?
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.
I have made a Will with a different firm of solicitors. Can you update it for me or do I have to go back to them?
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.
Is it possible to challenge a Will?
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.
What if I have been left out of a Will or am unhappy with the amount that has been left to me?
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.
What options are available where an Executor/Administrator is not carrying out their role properly?
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.
Who will see my Will?
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.
Why do I need a Will?
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.
Would you advise me to make a new Will?
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.
I have already appointed Executors in my Will, why do I need an LPA?
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.
Cohabitation - If my partner were to die, but has no Will, would I receive all of their estate?
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.