Will Drafting

There is a commonly held misconception that if you are married or in a civil partnership that you do not need to make a will as everything you own passes to your spouse or partner when you die.  This is not true.

If you die without a valid will, the distribution of your assets is governed by a set of legal rules.  These rules may not reflect the way that you would have wished your assets to be distributed.

If you are in a relationship and are not married or do not have a registered civil partnership, you cannot inherit your spouse’s or partner’s estate unless they had a valid will in place.  If one spouse or partner dies without a will, this can create serious financial problems for the surviving spouse or partner.

If you have a child or children a valid will is necessary to make arrangements for the children should one or both parents die.  It is extremely important to have a will in place if the children are under-18 and would need somebody to look after their inheritance or to have a guardian appointed for them

You may also be available to reduce the amount of inheritance tax (IHT) your estate will pay following your death if you take advice and make a will.

Finally, there has been a significant rise in claims being made against a person`s estate after their death. The Inheritance (Provision for Family and Dependents) Act 1975 allows certain individuals to make a claim for provision from a person’s estate, even if that person never intended to leave that individual any money or assets.  By seeking legal advice and making a will you could significantly reduce the likelihood of a successful claim being made.

Our Private Client department at Rollingsons have expertise in all aspects of making a Will, from the its preparation to advice on whatever provisions you wish to make in the management of your estate, finance and assets.

Making a Will need not be time consuming or costly and we have made available for you a simple Will Questionnaire which you can fill in by hand or online in order to speed up the process.

If  you require further advice on this matter or decide that you would like to make a will then please contact Gareth Hughes, Head of our Private Client Department on 0207 611 4848 or by e-mail to ghughes@rollingsons.co.uk to arrange a consultation.

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