Starck Uberoi Solicitors guide you through the process of having your Will drafted and why it is important to have a will in place.
Why do you need a Will?
Without a Will, the law decides who inherits and the proceed from the estate goes to the Treasury and not your loved ones. With a Will, you decide. With no Will, it will usually take longer and cost more to wind up your estate and you will have less control.
The Key Elements of a Will
When putting together a Will, there are a few key elements to focus on.
First, you’ll want to clearly identify yourself as the person making the Will (the testator).
Next, you’ll appoint someone you trust to carry out your wishes—this person is known as the executor. You’ll also need to name the beneficiaries, who are the people or organisations you want to receive your assets.
Don’t forget to detail any specific bequests, like leaving a particular item or amount of money to someone special.
Finally, you’ll include instructions for what should happen to the rest of your estate, known as the residuary estate. If you have minor children, it’s important to name a guardian for them too. These elements make sure your wishes are clear and legally binding.
Why should I use a solicitor?
Although there is not legal requirement to use a solicitor, problems may arise if a Will is not drafted properly, and this can cost you time and money. Using the services of a qualified solicitor significantly reduces the risk of problems arising. They can offer guidance on tricky areas like tax planning, setting up trusts, or dealing with business assets. A professional advisor also helps you think through the potential consequences of your decisions, helping to prevent any unintended disputes or issues down the line. Plus, they can keep things up to date as your life changes, making sure your will always reflects your current wishes. With their expertise, you can have peace of mind knowing your estate is in good hands.
Why should you do it now?
The future is difficult to predict, and it is important to not leave anything to chance. If you leave it until you need it, it will be too late. It helps prevent confusion, disputes, and legal challenges after you’re gone. Plus, a Will allows you to minimise potential taxes and provide for special circumstances, like caring for a dependent or supporting a cause you care about. Ultimately, writing a Will gives you control over your legacy and provides peace of mind for you and your family.
Changing a Will
You should review your will every 5 years and after any major change in your life, for example:
- getting separated or divorced
- getting married (this cancels any Will you made before)
- having a child
- moving house
- if the executor named in the Will dies
You can’t amend your Will after it’s been signed and witnessed. The only way you can change a Will is by making an official alteration called a codicil. You must sign a codicil and get it witnessed in the same way as witnessing a Will. There’s no limit on how many codicils you can add to a Will to amend it.
Making a new Will
If there are a number of major changes in your life you should make a new Will. Your new Will should explain that it revokes (officially cancels) all previous Wills and codicils. You should destroy your old Will by burning it or shredding it.
Here are six good reasons to make or update your Will
- Your legal status changes upon marriage or civil partnership and a former Will may become invalid. It is also important if you divorce or remarry due to the impact on any children you may have
- You may need to reconsider how and to whom you allocate your assets in your Will if there are significant changes in your wider family
- Having a Will ensures that the people you want get rights to your property, for example, if you live with your partner but not married, your partner can be given full ownership of property and possessions
- A Will ensures that your wishes as to how your children are cared for in the event of your death are made clear from the outset
- A Will provides protection for your loved ones in the event of you being seriously ill and you can make the process after your death easier, such as stating your funeral wishes
- If you inherit money or property, a Will can help ensure that your loved ones are not hit by a massive tax bill
Wills & Probate
Wills & Probate
We are one of the few solicitors in London accredited by the Law Society as Wills, Probate and Inheritance specialists. Our team have extensive experience in handling a wide variety of wills and probate matters.
Some Common Clauses in a Will
- Revocation Clause: This clause states that your new will replaces any previous Wills. It helps prevent confusion by making it clear that only your most recent will should be followed.
- Executor Clause: This clause names the person you’ve chosen to carry out the instructions in your Will. Your executor will handle tasks like distributing your assets, paying off any debts, and managing your estate. It’s important to pick someone you trust.
- Guardianship Clause: If you have minor children, this clause lets you name a guardian to care for them if something happens to you. It’s a crucial part of your will, ensuring that your children are looked after by someone you choose.
- Specific Bequests Clause: This is where you can leave specific items or sums of money to particular people or organisations. You may wish to leave a sum to a charity of your choice, or a piece of jewellery to a specific relative, in this case the clause would apply.
- Residuary Clause: After all specific gifts are given, this clause deals with the “residue” of your estate—everything that’s left over. It explains how you want these remaining assets to be distributed among your beneficiaries.
- Funeral Wishes Clause: Some people like to include their preferences for their funeral in their Will. This might include whether you prefer burial or cremation, or any specific instructions for the service.
- No-Contest Clause: This clause can discourage people from challenging your Will by stating that anyone who contests it could lose their inheritance. It’s a way to protect your wishes from disputes.
Why should you use Starck Uberoi?
We prepare hundreds of Wills each year.
Need Will writing services in London? We are one of the few solicitors conveniently located in London accredited by the Law Society as Wills, Probate and Inheritance specialists.
A standard Will only states who is to benefit when you die. Our Estate Planning Wills department ensures that your estate finishes up where you want it. We can also ensure help reduce the amount of tax payable on the inheritance if you seek our advice in advance.
Our branches are conveniently located in
Ealing, Call: 0208 840 6640
Brentford, Call: 02038202870
Belgravia, Call: 0207 824 5118
Richmond upon Thames, Call: 020 8940 0485
Alternatively, email us for any of our branches at: solicitor@starckuberoi.co.uk do not hesitate to get in touch.
Home visits
Starck Uberoi can arrange visits so that you can access our services from the comfort of your own home and can more easily arrange a time to suit your commitments. At a home visit consultation, we can review any pre-existing Will you have to confirm its continued suitability for your current circumstances. Or, if you don’t have a Will in place, we can explain how the legal effects of not having a Will would affect the distribution of your estate under the rules of intestacy, and any other connected estate planning issues you may want to consider. We can also leave you with our recommendations as to how you might want to protect your estate.
Why Choose Starck Uberoi Solicitors?
Expertise
Starck Uberoi Solicitors have extensive experience in handling a diverse variety of wills and probate matters, from basic will drafting to complicated contested probate matters.
Law Society Accreditation
Benefit from our Wills & Probate department’s Law Society Accreditation under the Wills and Inheritance Quality Scheme (WIQs), acknowledging the high standard of service we consistently provide.
Named Advisor
You will be designated a Solicitor from our experienced wills & probate team, ensuring clear communication at every step of the will drafting or probate administration process.
Regulated
We operate under the regulation of The Solicitor’s Regulation Authority, guaranteeing adherence to the highest professional standards and also Law Society LEXCEL Accredited.
Full Service
We work in-house with our contentious probate solicitors and Wealth managers delivering comprehensive and effective legal advice.
Communication and Technology
We believe in open and transparent communication with our clients throughout the legal process. You can trust us to keep you informed every step of the way and to provide honest and practical advice using advanced technology to make our service more efficient and effective.
Convenience
Based in London and Canterbury we can communicate via face to face meetings, email, telephone or video call.
