A will is a legal document that sets out how you want your property, assets and finances to be distributed after your death. It also allows you to name an executor, the person responsible for carrying out your wishes and to appoint a guardian for any children under the age of 18.
Without a valid will in place, your estate will be distributed according to the rules of intestacy, which may not reflect your wishes or the needs of the people you want to provide for.
A will gives you control over what happens to your estate and can provide real peace of mind for you and your family. Among other things, it allows you to:
As your circumstances change, your will should change with them. Marriage, divorce, the birth of children or the death of a family member can all have a significant impact on how you want your estate to be handled. GSB can make amendments to an existing will or draft an entirely new one, ensuring the language is clear and your revised wishes are accurately captured.
For a will to be valid, the person making it must be mentally capable of understanding what they own and who will benefit. They must also be acting free from outside influence, with their decisions genuinely their own.
A will must also be signed in the presence of two independent witnesses, both of whom must sign the will in your presence. An independent witness is someone who is not a beneficiary and is not related to a beneficiary. If these requirements are not met, the will may be deemed invalid. These kinds of mistakes are particularly common in DIY and self made wills.
Our will writing solicitors will ensure your will meets all legal requirements and complies with current legislation.
Dying without a will, known as dying intestate, means there is no legally valid document to guide the distribution of your estate. In these cases the rules of intestacy apply, and the outcome may be quite different from what you would have wanted. Making a will, however straightforward your circumstances, removes that uncertainty.
It is worth reviewing your will whenever your circumstances change significantly, for example following a marriage, divorce, the birth of a child or the death of a beneficiary. GSB can amend an existing will or draft a new one to reflect your current wishes.
If a will is found to be invalid, the estate will be distributed either according to an earlier valid will or, if none exists, under the rules of intestacy. Our solicitors will ensure your will meets all legal requirements from the outset.
In most cases yes, though certain family members may be able to make a claim against your estate if they feel they have not been adequately provided for. Your GSB solicitor can advise you on how to structure your will to reflect your wishes while minimising the risk of a dispute.