Safeguarding and planning for the future is important, and one of the most significant ways to ensure your wishes are honoured after you’re gone is by creating a Will.
A Will is an official legal document that gives you the power to determine how your assets will be handled after your death. While it may be uncomfortable to think about, especially if you’re young and don’t have dependents, it’s an important step that everyone should consider. This is especially true if you’re starting a family, as a Will ensures your wishes are clearly defined, and your loved ones are provided for in the future.
Our team of Will solicitors at AFG Law are experts in offering comprehensive legal advice and assisting individuals in drafting, revising, and executing Wills that are not only legally sound but also reflect their personal intentions. If you would like more information on making a Will in Manchester then please do not hesitate to get in touch with our Private Client team today.
Why You Should Make a Will
Creating a Will gives people peace of mind that their money, property and possessions are going to be distributed according to their wishes upon their death. Making a Will also ensures any dependents and children are appropriately cared for by chosen family members or guardians.
Anyone can make a Will once they reach the age of 18 years old, and it is highly recommended to create one especially when you have acquired significant assets or have responsibilities, such as dependents, that you wish to protect.
Some of the main reasons as to why we recommend to make a Will include:
- Control Over Asset Distribution: A Will allows you to specify how your assets, including property, money, and personal belongings, will be distributed after your death. Without a Will, your estate will be divided according to the laws of intestacy, which may not align with your wishes.
- Protecting Loved Ones: A Will allows you to appoint people to look after and raise your children or dependents.
- Minimising Family Disputes: By clearly stating your personal preferences and wishes, you Will reduce the potential for confusion or conflicts among family members and beneficiaries.
- Tax Planning and Inheritance: A Will can help with tax planning, potentially reducing the amount of inheritance tax to be paid. It can also help ensure that certain assets are passed on in the most tax-efficient way, benefiting your beneficiaries.
- Personal Wishes for Funeral Arrangements: A Will provides an opportunity to express your personal preferences for funeral arrangements. This can provide comfort to your loved ones at a difficult time.
- Peace of Mind: Knowing that your estate will be managed according to your wishes provides peace of mind, both for you and your family. It also makes the process easier for your loved ones.
- Making Provisions for Charitable Causes: A Will allows you to make charitable donations, ensuring your assets benefit causes that matter to you.
- Preventing the Government from Deciding: Without a Will, the Government will determine how your estate is divided. This may result in outcomes that don’t reflect your personal circumstances or wishes, especially if you have stepchildren or unmarried partners.
- Safeguarding Business Interests: If you own a business, a Will can ensure that your business interests are properly handled and passed on according to your wishes, avoiding complications in its future management or ownership.
What to Include in Your Will
Our team of Will solicitors in Manchester at AFG Law can expertly assist clients in making their Will accurately reflect their wishes. The usual key areas to address in a Will typically include the following:
Personal Information and Statement of Intent
Your Will should begin with your full name, address, and other identifying information to confirm your identity. It should also include a statement declaring that the document is your last Will and testament and that it revokes any previous Wills. This section removes any ambiguity regarding your intentions.
Appointment of an Executor
Choosing an Executor is one of the most important decisions in your Will. The Executor will be responsible for ensuring your wishes are executed, your estate is properly managed, and your assets are distributed according to your instructions. You may select an individual of sound mind, a trusted professional, or an institution to serve as your Executor. It’s essential to choose someone who is reliable, organised, and capable of handling the duties involved. You may also choose more than one Executor if preferred.
Beneficiaries and Their Entitlements
Wills specify any beneficiaries, the individuals or organisations you choose who will inherit or protect your assets. You should clearly outline who will receive specific items, property, or a percentage of your estate’s value. This section ensures that there is no confusion regarding your estate distribution.
Guardianship of Minor Children
If you have children under the age of 18, it is vital to name a guardian in your Will. The guardian will be responsible for the care and upbringing of your children in the event of your passing. It’s important to carefully consider who will provide the best environment for your children.
Funeral Instructions
Although not legally binding, many people choose to include their funeral preferences in their Will. This can guide your loved ones in arranging services that reflect your personal wishes, whether it’s a particular type of ceremony or specific requests for your burial or cremation.
Trusts for Asset Management
If you have beneficiaries who are minors or who may not be equipped to manage large sums of money, you may wish to set up a trust. A trust ensures that your assets are managed by the Executor on behalf of the beneficiary in accordance with the terms you specify. This can provide financial security for beneficiaries who may not be ready to handle their inheritance immediately.
Revocation of Previous Wills
It is essential to include a clause in your Will stating that it revokes any previous Wills. This ensures that only your most recent Will is considered valid and eliminates the risk of conflicting documents or legal challenges after your death.
What Happens If You Die Without a Will?
If you pass away without a Will (intestate), your estate will be distributed based on the laws of intestacy, which may not align with your personal wishes.
Typically, your estate will be divided among your surviving spouse and children (if you have them). However, if you don’t have a spouse or children, more distant relatives such as parents, siblings, or cousins may inherit. Unfortunately, unmarried partners, friends, or charitable organisations will not receive anything unless specifically included in a Will.
Without a designated Executor, the court will appoint an Administrator to handle your estate. This process can cause delays and result in additional legal expenses. Furthermore, if you have young children, the court will decide who will act as their guardian, which may not be in line with your preferences for their care.
Get Professional Help with Your Will: How We Can Assist You
If you are looking for expert assistance to make a Will in Manchester, our team at AFG Law have many years of experience. We can draft and prepare legally sound wills, ensuring that your assets are distributed according to your wishes and that your loved ones are provided with clarity and certainty.
We offer our Will services on a fixed fee agreement, meaning you will not encounter any hidden fees during the process. Our Private Client department can also provide expertise surrounding the probate process, lasting powers of attorney and setting up trusts.
To find out more about our specialist Will writing solicitors and Will writing service please contact us today. Email us at PrivateClientDept@afglaw.co.uk and call us on 01204 377600.
AFG Law are a law firm authorised and regulated by the Solicitors Regulation Authority and adhere to the highest professional and ethical standards, providing trusted legal services to clients with integrity and expertise.
For more information on our Will services, please visit our making a Will home page here.