Frequently Asked Questions When Making Wills

Below are answers to some common questions we receive regarding making or updating Wills.

If you have more detailed questions or would like more specific answers, please call us on 01206 593933 (Essex) or 01787 275275 (Suffolk) and speak with one of specialist Private Client Department.

How long does it take to have my Will prepared?

We cannot give a definite time frame from our initial meeting to your signing your will as this will depend on the instructions provided. In most circumstances provided there are no unforeseen difficulties we hope that you can sign your Will within 1 month of your initial appointment.

Why do I need a law firm to make my Will, can’t I do it?

There are many pitfall to self-drafted Wills of which you may be unaware.  Certain wording does not have the legal effect you think it has and this could mean that your wishes are not carried out. Unfortunately, when it comes to self-drafted and online Wills, at the time it becomes apparent the Will is not sufficient, or does not provide for your wishes and circumstances as you would like, it is often to late.

Can Holmes & Hills Solicitors be my Executors?

Holmes and Hills can act as executors for you.

I have a Will, but have recently married, do I need to do anything?

Your Will is revoked unless it was specifically made ‘in contemplation of marriage’. If you do not make a new Will you will be deemed to have died intestate.

I want to understand if I will pay Inheritance Tax when I die, can you help me?

We can advise you about any potential Inheritance Tax liability.

I have young children; can I appoint a guardian for them if I die while they are still young?

We can assist you in appointing guardians.

Why do I need to give you a copy of my ID?

We are legally obliged to follow the Money Laundering Regulations 2007 that states we must have evidence of your identity.  We will, therefore, carry out an online identification verification for you and we will require photographic ID as proof that you are who you say you are.

I have a disabled child who will need looking after once I die and I do not want them to receive a large capital sum, can you help me?

There are different ways of leaving money to a person with a disability. We can advise you about the different options available.

What is a Will and why do I need one?

A Will is a legal document that disposes of your assets e.g. your money, shares and property (your “Estate”) to the persons you want to receive them at the date of your death. If you do not have a Will then you will die ‘Intestate’.  This means that the law will determine who receives your Estate (which may not be who you would wish to benefit).

If you die Intestate and are married with children, your spouse would under the Intestacy Rules receive all your personal possessions, the first £250,000 of your Estate, and one half of the remaining assets. Your estate could be subject to Inheritance Tax and your spouse may not in certain circumstances be able to remain in the family home.

If you die Intestate and are not married to your partner or are in a Civil Partnership at the date you die, your partner will not be entitled to receive any part of your estate under the Intestacy Rules.

I have received a diagnosis of dementia -  does this stop me from being able to make a Will?

Having dementia, a brain injury or mental illness, does not automatically stop you from being able to make a Will.  It will depend on whether you satisfy the legal test for having the necessary mental capacity to do so.  During a meeting we would evaluate your mental capacity and, if necessary, we may recommend and assist you in obtaining a mental capacity report prepared by an independent third party.

I have a Will in place, can this be used while I am alive? 

A Will has no legal effect until you have died and is unable to be used by your executors to assist you while you are alive. We would recommend that you consider making Lasting Powers of Attorney to assist you if you want to ensure that someone can help you with your Property & Financial affairs of Health & Welfare while you are alive and may require assistance.

Talk to us about making your Will

Holmes & Hills Solicitors has a team of specialist lawyers that can give you expert advice and who provide a professional Will drafting service that ensures your Will meets your wishes. Our team operate from all five of our offices across Essex and Suffolk, these being located in Braintree, Sudbury, Halstead, Coggeshall and Tiptree. You can meet with one of our lawyers at which ever is most convenient for you.