Main IndexContact me for adviceOther Services

 

In January 2008 the well recognised magazine http://www.computeractive.co.uk featured will writing in their editorial. This piece is repeated, more or less in its entirety below.

Image may be click to view, but cannot be read, content is repeated below.


Writing a will may be a morbid topic but it's an essential part of anyone's life to make sure that any final wishes are legally recognised. More importantly, though, writing a will and testament gives the certainty and peace of mind of knowing that properties and possessions will be passed on exactly as specified. There are a number of ways a will can be written, from visiting a solicitor to creating one online. In this short feature we investigate the benefits and pitfalls of online wills.

Many people assume that their property will automatically go to their partner and children when they pass away, but this is not the case. Without making a will, the Government decides who gets what from a deceased person's belongings. This means loved ones may get less than you wanted them to and could face a lengthy and expensive process known as probate. Wills are especially important for unmarried couples as recent changes in the law now provide civil partnerships the same rights as married couples.

Before choosing to write a will online or opting for advice from a solicitor there are a few things to consider: how much money and what property and possessions someone has, who you would like to benefit from the will and who will be appointed to look after children or dependents under 18 years. There is also the task of choosing one or more persons to carry out specific wishes you may have after your death. . This person is known as an executor and should be informed where your will is kept.

 



Contrary to popular belief, people do not need to visit a solicitor to make a legal will - anyone can write it at anytime using a do-it-yourself will kit, available from a stationers or through an online service. Kits are a far cheaper option than visiting a solicitor, with prices starting at around £20 as opposed to £250.

But a representative of the wills and probate company Colman Coyle, and the Law Society, warns that if they are not done properly they could end up being a false economy. This is because it is easy to make mistakes and any small error could lead to thousands of pounds in legal expenses trying to sort out misunderstandings and disputes: "If a will drafted by a solicitor goes wrong then the beneficiaries will find it easier to rectify and get compensation as all solicitors are regulated by the Law Society and have professional indemnity insurance. "Some common mistakes in making a will are not complying with the formal requirements needed to make the document legally valid. Failing to take account of all the money and mot signing any alterations in front of witnesses will make it invalid, says Colman Coyle.

If you want to use an online service, the Law Society recommends one that employs professional will writers to check the final draft of your will and ask a series of specific questions about peoples affairs. The will is drafted using these responses, either online or through the post, from appropriate legal paragraphs.*

If a will is complicated, involves a business, property abroad or there are numerous family members likely to make a claim on it, the Law Society advises people to consult a solicitor. It's also important to see a solicitor if you prefer to omit a close relative completely, for whatever reason. Here, people will get advice on the most suitable will and also inheritance tax. The taxman takes 40 per cent of everything over £300,000. (This was correct when this article went to press, is was wrong when this web site went live and should actually be £312,000, but equally this figure may change from time to time and should not be relied on)

Solicitors also offer to store the original will and give the client a copy whereas those online will have to either risk keeping the signed original at home or pay for it to be kept safe. The Probate Registry at the Principal Registry of the Family Division offers this service for £15 www.hmcs.gov.uk/cms/1218.htm . A will reflects and enforces wishes at the time it is drawn up. As life goes on and circumstances change, so might the wishes for how assets and belongings are distributed at the end of your life. It is advisable to review a will every five years and after any major life changes - such as marriage or divorce, having a child or moving house. A change can be made by 'codicil' (an addition, amendment or supplement attached to the original will) which can be done via a solicitor but as codicils can be lost or destroyed it is often advisable just to make a new will.

It is important to make a will and consider the options carefully. A complicated will may need expert help, which can be expensive. It pays to shop around as the cost of writing a will varies greatly between solicitors and fees can be affected by how complicated the estate is. As well as solicitors, voluntary organisations such as Age Concern www.ageconcem.org.uk ) can also help with a will. Using the right method to write a will can ensure that your wishes are honoured to the letter, not to mention sparing your family some awkward moments at an already distressing time.

Andrea-MarieVassou
 

* I offer this service when you fill the form in from this web site

 

Main index Write your Will now Main index