Will Writing FAQs
When should I make a Will?
We would strongly advise everyone to make a Will. Writing/updating your Will is particularly important when you buy your first home, get married, have children, or there are any other major changes in your circumstances. It is usually a good idea to review your Will at least once every 5 years. This is important to ensure that it still reflects your wishes, estate, dependents, and is as tax efficient as possible. We can also advise you if any amendments are necessary as part of our free Will review service.
What happens if someone dies without leaving a Will?
If someone dies without leaving a Will, their estate will normally be divided according to the standard rules of intestacy. Who inherits will depend on the value of the estate and the deceased’s surviving relatives. Their spouse and then their children are prioritised. For an indication of who is likely to inherit when there is no Will, you can take a look at the government’s intestacy tool.
Can a Will be challenged?
There are two main grounds on which you may be able to challenge a Will:
- You believe the Will is invalid. This could be the case for a number of reasons, for example, if you believe…
- the person making the Will lacked capacity
- that the Will was not prepared properly
- the Will does not reflect the wishes of the deceased
- that there may have been undue influence from another party
- that there is a more recent Will that should be used instead
- Or, if you were a dependent of the deceased and believe the Will does not make ‘reasonable provision’ for you.
Whilst writing your Will with us we can advise you on potential challenges in your case and how to prevent these. If a challenge is made, then in many cases, Will disputes can be resolved through negotiation and other non-confrontational techniques.
Why should I use Jobling Gowler to draft my Will?
- We provide a friendly, sensitive but pragmatic approach to help make it as easy for you to deal with these important issues.
- Our team are all members of the Society of Trusts and Estate Practitioners (STEP). Their expertise, together with our years of experience, mean we can offer the very best solutions for you.
- We specialise in advising vulnerable clients in all areas of Wills and estate planning, as well as in relation to Lasting Powers of Attorney, Court of Protection deputyship and care fee planning. We also specialise in advising on cross-border estates (this is particularly important to consider where clients have property or interests abroad).
To discuss how we can help you to plan for your future, please contact one of our specialist solicitors today. We will then provide you with a free, no obligation, 30-minute appointment. Please contact us on 01625 614250 or complete the enquiries form below: