Having made the decision to make your Will, there are some important points you need to consider before meeting with a Will Writer. By having many of the answers available it will leave more time to discuss the other important issues which may arise during the consultation.
A professional Will Writers job is to take your instructions and translate them into your Will, creating a document which accurately reflects your wishes. The Will needs to be understood by your executors and most importantly, The Probate Court, to ensure that it is proved quickly, thus minimising any problems after your death which could cause delays leading to hardship for your loved-ones.
THE APPOINTMENT OF EXECUTORS
You may choose to appoint a member of your family, a prime beneficiary or close friend to act as an executor. Remember, an executor can also be a beneficiary. If you do need to appoint a professional executor, you could opt for either a solicitor, chartered accountant or a Trust Corporation to act on your behalf. Your Will Consultant will be able to advise on the best option for your circumstances.
APPOINTMENT OF GUARDIANS
If you have children (under the age of 18) you will need to appoint guardians. It may be helpful to make at least one guardian a joint executor as they have a right to money from your estate to help towards the upbringing of your child. This amount can be restricted to a certain amount or could be left in a trust fund. If you have a child with additional needs, who are likely to require specialist care either at home or in the care of the Local Authority, a trust will be required to ensure adequate funds are available for their future.
PROPERTY
How you hold your property will determine how it passes on after your death. As ‘joint tenants’ your share will pass on to the survivor automatically. If you wish to pass your ‘interest’ in the property to your children or others, you should hold your property as ‘tenants in common’. More in-depth information can be discussed with your consultant.
For more in-depth information or experienced advice regarding Wills, Lasting Powers of Attorney and Funeral Plans contact Michael Bradley on 01844 281013 or 07868 746406.