What is a Will?
A Will is a legal document which sets out how you want your estate to be dealt with after your death. In your Will you can include information about who you want to be your executors (these are the people who will administer your estate in line with the terms of your Will), who your beneficiaries are (the people you want to leave your assets to) and how you want your assets to be divided up.
If you want to ensure that your estate is dealt with in accordance with your wishes when you die, it is important that you make a Will.
Regardless of your living situation, whether you are cohabiting, married, divorced or getting divorced, have children under 18 or own joint property, it is important to have a will in place so it is clear what you want to happen to your assets. If you die and there is no valid Will in place then intestacy rules will come into effect, allowing the courts to decide who will benefit from your estate and potentially resulting in emotional distress for your family.
At Rotheras our private client team specialises in helping individuals to create their Will. We will work closely with you to ascertain your requirements and ensure that your Will accurately reflects your wishes.
Writing a Will
When you’re writing a Will, the main things to consider are what property and assets you have and who you wish to leave them to on your death. There are also a number of other factors you might want to take into consideration, such as whether you have children from a previous marriage that you need to provide for; will your partner be able to stay in your home if you die; do you need to plan for inheritance tax; and do you own or co-own a business?
Another important aspect of making a Will is choosing your executors, which can be a demanding role. If you have any children under 18 you might also consider who you would like to be their Guardian and if you have set up a trust as part of your Will you will need to decide who your trustees will be who will manage your money and property until it passes to your beneficiaries.
Tenants in Common
When making a Will it is also worth considering which assets you want to pass on to your beneficiaries, as under some property ownership arrangements your share of the property will automatically pass to the surviving owner and not your beneficiaries.
If you own any joint property as Tenants in Common, then it means you have shares in a property with one or more people, but you are separate owners entitled to your own share of the property. As a result you are free to leave your share of the property to whom you wish upon your death. If you do not have a Will in place when you die then your share of the property will be dealt with under intestacy rules.
In comparison, joint tenants together own the whole property, so if one partner dies the property automatically passes to the surviving party.
If you have worked hard throughout your life, naturally you will want to protect them so you can pass on them to your family or friends.
There can be several risks to your assets, including relationship breakdown, inheritance tax, business failure and care costs.
A number of methods and strategies can be used in estate planning to protect your assets. These include making a gift, a Will, Power of Attorney or a Trust. At Rotheras we can advise you on the best ways to protect your assets based on your personal circumstances.
Why use Rotheras to Make a Will?
Many of our team are members of Solicitors For the Elderly (SFE) and the Society of Trust and Estate Practitioners (STEP).
We can advise you whether you need a straightforward Will or have a more complex estate.
We offer free Wills through Cancer Research UK’s free wills scheme.
We work in conjunction with Age UK Nottingham & Nottinghamshire to provide a free weekly wills and probate clinic.
We can advise you on Wills and probate at any of our seven branch offices located across Nottingham.
We can visit you at home or in hospital if you are unable to come to one of our offices.
We can review and update your existing Will where there has been a change in your circumstances.
We can discuss with you your property ownership options when making a Will and advise you based on your circumstances.
We can also advise you on making a Lasting Power of Attorney at the same time as making your Will.
We can help you with:
- Simple Wills
- Mirror Wills
- Lasting Powers of Attorney
- Asset Protection Wills
- Personal Injury Trusts
We offer a straight-forward approach and our focus is on ensuring you have the right information and guidance. A single, straightforward Will with no trusts costs £210 (incl. VAT) or £360 (incl. VAT) for Mirror Wills and unlike many firms, this includes free registration with Certainty, saving you an additional £30 (incl. VAT) registration fee per Will.
Stages of process:
- An initial meeting to take your instructions
- We will prepare a draft of your Will and send it to you for you to check that it complies with your wishes
- We will meet again so that you can sign your wills and we can ensure that the necessary legal formalities are met
- Securely store your Will at our offices
- Registration of your Will with Certainty
Our fee includes:
- Advising you about your inheritance tax position and ways in which it can be mitigated;
- Making any amendments required prior to signing
- Supervising the signature of your Wills
- Storing the completed Will in our strong-room for safekeeping at no additional cost to you, and sending you a copy for your records
- Registering your Wills with Certainty and providing you with a certificate of registration.
Our fee does not include:
- Detailed tax advice. If you think that this may be necessary please speak to a member of the team
The fees for our service can vary depending on a number of factors including:
- If you are creating trusts in your Will
- If you have assets or property overseas
- If you need information about tax planning and pensions
- If you need information about mortgages and life insurance
- If you want
to make provision
sfor children from previous relationships/marriages
- If you want to make provision for disabled children or adults
It takes a few days from receiving your instructions to draw up a draft Will to send to you for your approval. If you are happy with the draft copy of your Will you just need to arrange an appointment to sign your Will, otherwise if any amendments need making to your Wills it typically takes around seven days for amendments to be made, unless they are particularly complex.
Christina‘s expertise covers a full range of private client services including Wills, Probate, Trusts, Care Fees Planning, Power of Attorney, Court of Protection, Tax Planning and Conveyancing.
Jeremy Allen is a Wills, Probate and Trusts specialist at Nottingham based law firm Rotheras Solicitors and is based at our Lace Market offices in the heart of Nottingham City Centre.
Duncan Godfrey is a Probate, Trusts and Residential Conveyancing Solicitor at Nottingham based Rotheras Solicitors and is located at our offices in the Lace Market and Burton Joyce.
Karen Hayward is a partner and Chartered Legal Executive at Nottingham-based law firm Rotheras Solicitors, with over 20 years’ experience in Wills, Probate, Lasting Powers of Attorney and Court of Protection applications. Karen is based at our Beeston office.
Jayne Smith leads the Wills and Probate department at Nottingham based Rotheras Solicitors and is currently based in our Wollaton office.
Nelissa has over 17 years’ experience as a Wills, Probate, Tax and Trusts solicitor and is based at our Mapperley office. An experienced Senior Associate with a demonstrated history of working in the legal services industry. Skilled in Inheritance Tax Planning and the Administration of Trusts and Estates.
Rebecca Green is an Associate Chartered Legal Executive in Rotheras Wills and Probate department and specialises in will drafting, estate administration, lasting powers of attorney and court of protection applications. Rebecca is currently based in our Long Eaton office.
Petra Lewis-Feast is a senior lawyer within the wills and probate team. She has worked as a private client specialist since she qualified in 1993. Petra is currently based in our head office in the Lace Market
Eleanor Robinson is a Wills, Probate and Trusts specialist at Nottingham-based law firm Rotheras Solicitors and is based at our West Bridgford office.
Sarah Soo is a Wills and Probate specialist at Nottingham-based law firm Rotheras Solicitors and has specialised in private client work since she began her career. Sarah is currently based in our Wollaton office
James Briggs is an associate and private client solicitor at Nottingham-based law firm Rotheras Solicitors.
Adam’s expertise covers a wide range of services including drafting Wills, preparing Power of Attorney documents, Probate and Court of Protections applications.
Alison Richardson is a member of the wills, trust & probate team based at our Mapperley office.
Christina Peck is a trainee solicitor within Rotheras Wills and Probate department and is based at the firm’s Mapperley office.
Sharon Fleckney is a Paralegal in Rotheras Wills and Probate department and is based at the firm’s Lace Market Office.
Anna Guy has over 10 years’ experience of working in law firms, and 7 years’ experience of dealing with Wills and Probate matters.
Brett James is a Conveyancing and Wills and Probate Paralegal at Rotheras Solicitors and is based at our Lace Market office.
Michelle Kingston is a Paralegal in Rotheras Wills and Probate department and is based at our Long Eaton office
Sue Radford is a Paralegal in Rotheras Wills and Probate department and is based at the firm’s Beeston Office.