Frequently Asked Questions About Wills & Estate Planning
Here is twenty of the most frequently asked questions we are asked to here at The Will Shop to give you a quick answer to any major questions you might have, if you have any other questions or need some clarity, do please contact us today for more information.
If I die and my partner remarries, could my children lose out, especially from my share of the family home? If so, is there anything I can do to prevent this?
Yes, your children could potentially lose their inheritance, particularly your share of the family home, if your partner remarries and their estate is not structured appropriately. To prevent this, you can take steps such as placing your share of the property into a trust through your Will, which helps safeguard your children’s inheritance regardless of future changes in your partner’s circumstances.
Is there anything that can be done to stop my home from being forcibly sold if I end up in a care home? – I don’t want the government to take it all
Yes, there are planning options available to reduce the risk of your home being sold to cover care fees. One common approach is to restructure property ownership and make use of asset protection trusts, which can help preserve your home for future generations.
Are there things I can do to avoid paying unnecessary or excessive Inheritance Tax?
Yes, there are several legal and effective strategies available to help reduce or even eliminate Inheritance Tax liabilities. We can guide you through options such as gifting, trusts, and careful estate planning to ensure that more of your wealth is passed on to your chosen beneficiaries.
Can I make provision for a disabled child or beneficiary?
Yes, we can assist you in making suitable and secure provisions for a disabled beneficiary in your Will. This often involves setting up a discretionary trust, which protects the beneficiary’s entitlement to means-tested benefits while ensuring they are financially supported.
How can I ensure that someone of my choosing takes over my affairs if I become mentally incapable?
You can put in place a Lasting Power of Attorney (LPA), which allows a trusted individual to manage your financial or health affairs should you lose mental capacity. This document ensures that decisions made on your behalf reflect your wishes and are handled by someone you have personally selected.
I don’t like the idea of being kept alive on a life support machine, as I would rather die a more dignified death, are there things I can do?
Yes, you can set out your wishes in advance by creating a legally binding Advance Decision (sometimes called a Living Will). This document outlines the medical treatments you would refuse in certain situations, giving you greater control over your care and end-of-life decisions.
There are certain people I do not wish to benefit from my Will, how can I ensure that any challenge is defended?
We take a preventative approach by ensuring your Will is drafted in a robust and defensible manner, which includes clear documentation of your intentions. In some cases, we also recommend including a letter of wishes to explain your decisions, which can be used to support the validity of your Will if challenged.
What effect, if any, does the civil partnership Act have when making wills for my partner and myself?
The Civil Partnership Act gives registered civil partners similar legal rights to those of married couples, which includes inheritance rights. It is important to review your Will if you enter into a civil partnership, as existing Wills may be revoked upon registration unless specifically stated otherwise.
What if I am not married to the father of my children, do the children automatically go to him if I die?
Not necessarily. Guardianship is not automatically granted to the father if you are unmarried, especially if parental responsibility has not been legally established. It is important to appoint a guardian in your Will to ensure your children are cared for by someone you trust. Which we can easily help you with.
Can the executors on my Will be beneficiaries?
Yes, executors can also be beneficiaries of your Will, and this is actually quite common. It is important, however, that they act impartially and fulfil their duties properly, even if they stand to benefit from your estate.
Can I name guardians for my young children in my Will?
Yes, you can and should name guardians for your young children in your Will. This ensures that, in the event of your death, your children will be cared for by someone you have chosen and trust, rather than leaving the decision to the courts.
Can I have my appointment at your offices or do you arrange home visits?
You are welcome to visit us at our offices, but we also offer free local home visits for your convenience. This ensures that everyone, including those with mobility issues or busy schedules, can access our services comfortably.
Do you charge fixed fees?
Yes, we operate on a fixed-fee basis, meaning you will know exactly what you are paying from the outset. Should your requirements change, we will only adjust our fees after discussing and confirming them with you first.
This is the first time that I have made a Will – could you send me preliminary information?
Certainly. Once your appointment is booked, we will send you a comprehensive information pack to help you understand the process and prepare any necessary details ahead of time.
Can you look after my Will once it is completed?
Yes, we offer secure Will storage as part of our service, so the master copy is safely retained. This gives you peace of mind that your Will is protected and easily retrievable when needed.
I’m going on holiday very soon, can you offer me an express Will service?
Yes, we do provide an express Will service for those with urgent requirements, such as upcoming travel. We understand that time can sometimes be limited, and we are equipped to draft and finalise your Will quickly and efficiently, so do not be afraid to get in contact with us ASAP.
Do I have to supply witnesses when signing my Will?
You are welcome to provide your own witnesses, but we can also arrange witnesses for you if preferred. This is included as part of our service to ensure that your Will is executed correctly and legally.
Can I prevent specific people from inheriting under my Will and can I ensure that any challenges Will be defended?
Yes, you can legally exclude individuals from your Will, and we can help you take appropriate steps to reduce the likelihood of a successful challenge. This includes carefully wording your Will and, where necessary, providing supporting documentation to explain your decisions.
Can you advise on matters such as inheritance tax?
Yes, we offer advice on how to limit your Inheritance Tax liability through effective planning. Our goal is to help you preserve as much of your estate as possible for your intended beneficiaries.
Can I make provisions to ensure that my children are taken care of in the event of my death and my partner remarrying?
Yes, you can put in place legal structures such as trusts within your Will to ensure your children’s inheritance is protected, even if your partner remarries. This helps to ringfence your assets and ensure that your wishes are honoured in the long term.
If you have any further questions or need some more in depth information do not hesitate to get in contact with us today.