Mackarness and Lunt Solicitors, Petersfield

Wills

It's not expensive

It saves....time....distress....uncertainty....disputes....even tax.

It's a Will

We firmly believe that anyone over 18 who has a bank account...a car...life insurance... pension... a house ... investments... a business... anything of value should think about making a Will.

A Will can:-

Appoint executors who have the legal duty to collect together your property, pay your bills and other obligations and distribute your estate in accordance with the Will.

Give legacies (gifts of money) or bequests (gifts of specific articles) to family, friends or charities.

Set up trusts for children, or to deal fairly with the problems caused by difficult family relationships.

Save tax

Appoint guardians for children

Do you know what will happen to your property if you haven't made a Will? Wouldn't you prefer to decide for yourself?

For information about making a Will and our charges contact Simon Mackarness, Dennis Morrison, Roger Petch or Michael Parr

If you do not have someone who you wish to appoint as an executor, or if your affairs are complex or you anticipate problems you may wish to consider appointing the partners in the firm to be your executors. Our policy is to give our clients an entirely free choice about this.

For details concerning dealing with the estate of someone who has died, please contact us.

1. There is generally complete freedom to dispose of your property exactly as you like. However, there is the possibility of a claim after your death by a dependant who is not provided for. The majority of husbands and wives with children each leave everything to the other and then to the children in trust until they are 18 or 21. You can name legal guardians for the children as well as appointing executors (the people who deal with your affairs after your death).

2. The rules of intestacy apply if there is no Will. Consider the following:-

“Suppose you and your wife are the fatal victims of a road accident and that there are no children, but you each have a widowed mother. Your wife lives just one hour longer than you after the accident, but that is long enough for her to inherit your estate.

Along with her own possessions, yours pass to her mother as her only blood relative; your mother gets nothing at all”

No-one likes making a Will and close members of the family are usually too embarrassed to suggest it. Superstitious people believe it tempts providence, but to die intestate is very often to leave a legacy of trouble, expense and family bitterness.

Some people think their affairs are so straightforward that it is a waste of time making a Will at all. But things can change unexpectedly, and too late for you to do anything about it.

For instance, you could die just as your numbers come up on the Lottery Jackpot roll-over. While you may not have cared a great deal about how your original meagre assets would be split among those you left behind, it is perhaps a different matter when millions of pounds are involved!

So, however poor you believe yourself to be, it is always best to make a Will showing who, and in which proportions, you wish to benefit.

3. A properly drawn Will should cater for most eventualities but can be changed at any time. Remember that a Will only speaks from the date of death. Husband and wife should both make one particularly when they own a house. Do-it-yourself forms are available at stationers, but it is easy to go wrong with them (particularly over the procedure for signing).

If you would like to see us about making a will it would help if you could fill in the questionnaire which follows. This can either be completed online and submitted or follow the link to print off a copy and bring it with you. You may also find it helpful because it will give you an idea of the things you will need to think about to be included in your will.

Your details:  
Name
Spouse/Partner's Full Name
   
Contact Details:  
Telephone Number
E-mail Address
   
Marital Status:
   
Your occupation:
   
Address:
   
Do you own any other property either in the UK or abroad?  
Address(es)
   
Do you have children?  
   Name(s) Date of Birth
   
   
Do you have grandchildren?  
   Name(s) Date of birth
   
   
If your children are under 18 who would you like to appoint as guardian?  
   Name: Address:
   
   
Do you have any strong wishes about burial or cremation?
Do you have any special funeral wishes?
   
Executors:  
Who would you like to act as your Executors?  
   Name(s) Address(es):
  
   
Would you like to leave legacies?  
If so, to whom and what amount.  
   Name(s)                             Addresses(es) Amount of Legacy (legacies)
  
   
Do you have any specific items you would like to leave and if so to whom and what item?  
   Name(s)                             Addresses(es) Specific Item
  
   
Who will receive your residuary estate (i.e. the amount that is left after legacies, bills etc. have been paid out)?
   
Do you want to cover the eventuality that all the above have predeceased you? If so, who or what would you like to receive your residuary estate:  
   Name(s)                             Addresses(es) or Charity
  
   
Trusts  
Do you have an interest in a Trust? (e.g. you receive income from a trust but you are not entitled to the capital). If so, please give details.
   
General  
Please give an approximate value of the following (this will help us to decide whether you require any specific advice on saving any Inheritance Tax which may become payable on your death).
   
Do you own your property in your sole name or jointly?
Approximate value of the property
Amount of mortgage (if any)
Stocks and shares
Savings and other investments
Insurance policies
Assets abroad
Any occupational pension (per annum)
   
Have you spoken with us already? If so, with who:
   
   
 

to print a copy of the form.

Please note you will need Abode Acrobat reader to view the form.

Mackarness and Lunt Solicitors, Petersfield