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According to Which? 54% of adults do not have a will. This means they have no control over what happens to their home, money or assets after they die.

Many people believe they do not need a will. That they are too young, too old, or don’t have enough money.

By not having a will in place, you could risk;

  • Having no control over who gets what
  • Your children being disinherited
  • You surviving spouse losing their home, or
  • Your estate being subject to more inheritance tax

If the worst should happen and you die suddenly, would your loved ones know what your final wishes are or who should inherit what?

 

Why You Need a Will

It is important to make a will, regardless of how much money or assets you own. There are several reasons for this;

  • If you die without a will, there are rules called the Rules of Intestacy’ that dictate how your money, assets and property is distributed. This might not be the way you want you want your possessions distributed.
  • If you’re not married or in a registered civil partnership, you cannot inherit from each other unless you have a will. If one of you dies, it could cause serious financial problems for the other.
  • If you have children, you need a will to make arrangements for them if one or both of you die. If you don’t, the courts will take responsibility over them until they can find a guardian.
  • If you have assets that are subject to inheritance tax, a will could be a good way to reduce the amount of inheritance tax you pay.
  • If your life or circumstances change, so might your wishes. For example, if you and your partner split up, you might want to write them out of an existing will.

 

What to Consider When Making a Will

When making a will, there are a few important things to consider. This will not only save time and money, it will also help to prevent costly and upsetting disputes if you die.

Assets

Make a list of all your assets. This includes;

  • Your home and other properties
  • Cash
  • Bank accounts
  • Businesses
  • Stocks and shares
  • Pensions
  • Insurance policies and
  • Personal possessions

Beneficiaries

Make a list of all the people you want to leave assets, money, or possessions to.

You might also consider if you want leave any donations to charity.

Executors

Executors are the people responsible for executing your will. In other words, carrying out your wishes.

They will collect all your assets, deal with the paperwork, pay any debts and/or taxes, funeral, and administration costs. They will then divide your estate between your beneficiaries as per your wishes.

While you only need one executor, it can be good idea to choose more, in case any of them die. Many people choose two executors but you can choose up to 4.

Being an executor is a lot of work and carries a lot of responsibility. As such, you should choose some you know and trust implicitly. You should also ask them if they are willing to do it before appointing them. If you die and your chosen executor isn’t willing, they have the right to refuse. In which case, legal advice will be needed.

Trustees

In most cases, your executors will also act as trustees. So if you have you have children under the age of 18, the trustees will manage their inheritance until the age they inherit.

Depending on the age of your children, this could be a long-term commitment.

Guardians

If you have young children, consider who will look after them if you die.

This is a huge, sometimes long-term responsibility so choose any guardian very carefully. Again, make sure they are willing to do this for you before appointing them.

If you choose different guardians and trustees, it’s best they know and can contact each other. It’s the trustees job to make sure guardians don’t bear the cost of looking after your children.

Financial Dependents

If anyone is financially dependent on you, make sure you provide for them in your will.

An example might be setting aside money for a surviving spouse.

Claims Against Your Estate

Think about whether there is anyone who might make a claim against your estate after your death.

The Inheritance (Provision for Family and Dependents) Act 1975, makes it possible for certain people, including;

  • Spouses and former spouses
  • Civil partners who haven’t re-married
  • Co-habitees
  • Children
  • People treated as children, and
  • People you have maintained

To make a claim against your estate.

There are things you can do to minimise the risk of this happening.

Inheritance Tax

If the value of your savings, home and assets are over the inheritance tax threshold, a will could reduce your reduce your tax liability.

Also, if you’re not married or in a civil partnership, there is a risk that that inheritance tax will be payable on the death of each partner. This means you’ll pay two lots of inheritance tax.

Making a will can help to mitigate this risk.

 

Do I Need a Solicitor to Make a Will?

If you want to write your will without a solicitor, you can. You do not need to have your will drawn up or witnessed by a solicitor.

However, you should only do this is your will is very straight forward.

It is very easy to make mistakes when creating your own will which can cause problems after you die.

Even small errors can cause disputes which often cost a lot of time and money to sort out. Not only can this result in less money in the estate, it can cause a lot of stress and upset for those your leave behind.

If you want to make sure your estate is executed the way you want, it is best to use hire a specialist will solicitor.

 

How Often Should I Update My Will?

If you haven’t experienced any significant life changes, it’s good to review your will every five years. This gives you the opportunity to make sure it still reflects your wishes.

There have been major changes to inheritance tax laws in recent years. These changes have prompted many people to change their wills.

Also, you should change or update your will after significant life events, including;

  • Moving or buying a new home
  • Having children or grandchildren
  • Getting married
  • Getting divorced
  • If a beneficiary dies before you
  • If an executor dies or is no longer suitable
  • Significant changes in your finances
  • If you come into any inheritance

 

How Much Does it Cost to Write a Will?

At Rothera Bray, we charge £350 + VAT for a single, straight forward will. Mirrored wills cost £600 + VAT.

This includes:

  • Advice about your inheritance tax position
  • Making any amendments before signing
  • Supervising the signing witness signatures
  • Storing the completed will in our strong-room for safekeeping and sending you a copy for your records

Unlike many will writing services, this also includes free registration with Certainty. This saves you the £30 registration fee per will.

For more complex wills, the cost can vary depending on if you:

  • Need to create trusts within your will
  • Have property or assets overseas
  • Want advice about tax planning and pensions
  • Are making provisions for children from previous relationships
  • Are making provisions for disabled children or adults

 

Why Choose Rothera Bray to Help With Your Will?

At Rothera Bray, we understand that creating a will may seem daunting. However, it’s an essential step in securing your family’s future and it’s never as scary as you might think.

We have helped countless clients protect their loved ones and their assets. Our team of expert will solicitors work hard to understand your unique circumstances and create a will that reflects your wishes.

Many of our team are members of Solicitors For the Elderly (SFE) and the Society of Trust and Estate Practitioners (STEP).

We also;

While you’re making your will, you might also consider making a Lasting Power of Attorney (LPA). Especially if you’re worried about losing the mental or physical ability to manage your affairs in the future.

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Kirsten Wood

“We’re upfront about costs – so there’s no hidden surprises”

Kirsten Wood
Head of Wills and Probate

Contact our Wills and Probate Team
Wills, Probate & Trusts Team
Christina Yardley CEO

Christina Yardley

c.yardley@rotherabray.co.uk

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

Jeremy Allen

j.allen@rotherabray.co.uk

Jeremy Allen is a Wills, Probate and Trusts specialist at Nottingham based law firm Rothera Bray Solicitors and is based at our Lace Market offices in the heart of Nottingham City Centre.

Russell Dalby

r.dalby@rotherabray.co.uk

Russell is a Partner based at our Market Harborough office and specialises in all areas of Private Client work. He predominantly deals with probate administration and estate planning work – such as advising on Wills, Lasting Powers of Attorney and Inheritance Tax planning.

Karen Hayward

Karen Hayward

k.hayward@rotherabray.co.uk

Karen Hayward is a partner and Chartered Legal Executive at Nottingham-based law firm Rothera Bray 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.

Nelissa Hicks

Nelissa Hicks

n.hicks@rotherabray.co.uk

Nelissa is Partner at Rothera Bray with a demonstrated history of working in the legal services industry. Nelissa has over 20 years’ experience as a Wills, Probate, Tax and Trusts solicitor and is based at our Mapperley office. She is skilled in Inheritance Tax Planning and the Administration of Trusts and Estates.

Andrew Hitchon

a.hitchon@rotherabray.co.uk

Andrew has specialised in the private client sector for over 10 years. He is also a fully qualified TEP practitioner and deals with a wide range of legal expertise including Trusts and Tax Planning.

Kirsten Wood

Kirsten Wood

k.wood@rotherabray.co.uk

Kirsten Wood leads the firm’s Wills and Probate department and is a partner with over 18 years’ experience specialising in will drafting, tax, trusts, estate administration and lasting powers of attorney.

James Briggs

James Briggs

j.briggs@rotherabray.co.uk

James Briggs is a senior associate and private client solicitor at our Lace Market office.

Amelia Carruthers

a.carruthers@rotherabray.co.uk

Amelia Carruthers is a Senior Associate at Rothera Bray’s Derby office and is experienced in drafting wills, lasting powers of attorney, administering estates and providing tax advice and planning.

Ann Farnill

Ann Farnill

a.farnill@rotherabray.co.uk

Ann Farnill is a Senior Associate in Rothera Bray‘s Wills, Probate and Trusts department and is based at our Lace Market office in the heart of Nottingham City Centre. She specialises in Wills, Inheritance Tax planning, Powers of Attorney including acting for lay attorneys, Estate planning and administration and Court of Protection.

Carly Harwood

c.harwood@rotherabray.co.uk

Carly Harwood is a Senior Associate Solicitor in Rothera Bray’s Wills and Probate department and is based at our Derby office.

Melissa Merry

Melissa Merry

m.merry@rotherabray.co.uk

Melissa Merry is a Consultant in our Wills and Probate department, with over 30 years of experience in private client work. Melissa is based at our Lace Market office in Nottingham City Centre.

Sarah Soo

Sarah Soo

s.soo@rotherabray.co.uk

Sarah Soo is a Wills and Probate specialist at Nottingham-based law firm Rothera Bray Solicitors and has specialised in private client work since she began her career. Sarah is currently based in our Beeston office.

Ruth Tarr

Ruth Tarr

r.tarr@rotherabray.co.uk

Ruth is a Senior Associate in Rothera Bray’s Wills and Probate team, and specialises in Court of Protection matters. She is based at our Lace Market office in the heart of Nottingham city centre.

Amy Goodwin

a.goodwin@rotherabray.co.uk

Amy Goodwin is an Associate in Rothera Bray’s Wills and Probate team and is based at our Derby office.

Eleanor Robinson

Eleanor Robinson

e.robinson@rotherabray.co.uk

Eleanor Robinson is a Wills, Probate and Trusts specialist at Nottingham-based law firm Rothera Bray Solicitors and is based at our West Bridgford office.

Adam is a Private Client solicitor at Rothera Bray, based in Market Harborough.

Adam Ali

a.ali@rotherabray.co.uk

Adam is a Private Client solicitor who is based at our Market Harborough office.

Aleksandra Cebula

Aleksandra Cebula

a.cebula@rotherabray.co.uk

Aleksandra Cebula is a Solicitor in Rothera Bray’s Wills, Probate and Trusts department and is based at our Beeston office.

Faith Hill

f.hill@rotherabray.co.uk

Faith Hill is a Solicitor in Rothera Bray’s Wills and Probate department and is based at our Derby office.

Charlotte Jenkins

c.jenkins@rotherabray.co.uk

Charlotte is a Solicitor in the Private Client Department based at the Market Harborough office. She advises clients on a range of private client services including Wills, Trusts, Probate and Lasting Powers of Attorney.

Jasmin Marshall

j.marshall@rotherabray.co.uk

Jasmin Marshall is a Solicitor in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

Alison Richardson

Alison Richardson

a.richardson@rotherabray.co.uk

Alison Richardson is a member of the wills, trust & probate team based at our Mapperley office.

Rebekah Royles

r.royles@rotherabray.co.uk

Rebekah Royles is a Legal Executive in Rothera Bray’s Wills and Probate department and is based at our Lace Market office.

Sarah Singh, a Wills and Probate solicitor, is based at our West Bridgford office.

Sarah Singh

s.singh@rotherabray.co.uk

Sarah Singh is a solicitor within Rothera Bray’s Wills and Probate Department and is based at the firm’s West Bridgford office.

Libby Birt

Libby Birt

l.birt@rotherabray.co.uk

Libby Birt is a Private Client Executive in Rothera Bray’s Wills and Probate department and is based at our Derby office.

Lacey Glover

l.glover@rotherabray.co.uk

Lacey Glover is a Private Client Executive in Rothera Bray’s Wills and Probate department and is based at our Lace Market office in Nottingham city centre.

Sallie Poultney

s.poultney@rotherabray.co.uk

Sallie is a Private Client Executive in the Private Client Department at our Market Harborough office. She advises clients on a range of private client services including Wills, Probate and Lasting Powers of Attorney.

Amanda White

a.white@rotherabray.co.uk

Amanda is a Private Client Executive in the Private Client Department at our Leicester office. She advises clients on a range of private client services and has been handling her own caseload since 2014.

Talita Fantauzzi

Talita Fantauzzi

t.fantauzzi@rotherabray.co.uk

Talita Fantauzzi is a Trainee Solicitor in Rothera Bray’s Wills and Probate department and is based at our West Bridgford office.

Anjnee Gorecha

a.gorecha@rotherabray.co.uk

Anjnee Gorecha is a Trainee Solicitor in Rothera Bray’s Wills and Probate department and is based at our Lace Market office.

Lyndsey Hudson

Lyndsey Hudson

l.hudson@rotherabray.co.uk

Lyndsey is a Trainee Solicitor in Rothera Bray’s Private Client department and assists with Court of Protection matters. She is currently based at our Lace Market office.

Eugene Pratashchyk

e.pratashchyk@rotherabray.co.uk

Eugene is a Trainee Solicitor currently working in our Wills and Probate department, having previously completed a double seat with the Corporate team and Commercial Property and a seat in our Personal Injury department.

Jack Cooper

j.cooper@rotherabray.co.uk

Jack Cooper is a Senior Paralegal in Rothera Bray’s Wills and Probate department and is based at our West Bridgford office.

Anna Guy

Anna Guy

a.guy@rotherabray.co.uk

Anna Guy has over 10 years’ experience of working in law firms, and 7 years’ experience of dealing with Wills and Probate matters.

Clara Montgomery

c.montgomery@rotherabray.co.uk

Clara is a Senior Paralegal in our Private Client department. She is based at our Market Harborough office.

Hollie Moore

Hollie Moore

h.moore@rotherabray.co.uk

Hollie Moore is a Senior Paralegal in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

Lisa Warren

Lisa Warren

l.warren@rotherabray.co.uk

Lisa Warren is a Senior Paralegal in Rothera Bray’s Wills and Probate team and is based at our Derby office.

Brett James

Brett James

b.james@rotherabray.co.uk

Brett James is a Wills and Probate Paralegal at Rothera Bray Solicitors and is based at our Lace Market office.

Michelle Kingston

Michelle Kingston

m.kingston@rotherabray.co.uk

Michelle Kingston is a Paralegal in Rothera Bray’s Wills and Probate department and is based at our Lace Market office.

Louise Mathison

l.mathison@rotherabray.co.uk

Louise Mathison is a Paralegal in Rothera Bray’s Wills and Probate department and is based at our Lace Market office.

Jordan McBallantine

Jordan McBallantine

j.mcballantine@rotherabray.co.uk

Jordan McBallantine is a paralegal in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

Janet Prentice

Janet Prentice

j.prentice@rotherabray.co.uk

Janet Prentice is a Paralegal in Rothera Bray’s Wills, Probate and Trusts department and is based at our Lace Market office in the heart of Nottingham city centre.

Sue Radford

Sue Radford

s.radford@rotherabray.co.uk

Sue Radford is a Paralegal in Rothera Bray’s Wills and Probate department and is based at the firm’s Beeston Office.

Gill Subbarao

g.subbarao@rotherabray.co.uk

Gill Subbarao is a Paralegal in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

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