We have included some frequently asked questions about our services below, together with their answers!
Q: Why do I need to make a Will?
If you die without a Will, who receives your possessions is ultimately determined by the Law of Intestacy, which may not be what you want. For example, most people assume that, if they are married, everything they own will go to their spouse. This is not actually the case. Making a valid Will ensures that your possessions will go to your intended beneficiaries.
Furthermore, if you have children under 18, and you die leaving no one with Parental Responsibility, your children will effectively become Wards of Court, and a judge will therefore decide who looks after them. Making a Will allows you to appoint Guardians to take over your Parental Responsibility after your death.
Q: Why shouldn't I just make an online Will?
Many
Internet-based companies offer 'online' Wills which generate a basic
Will based on a series of questions. However, Willwriting is not
particularly straightforward - Wills are complex documents which have to
be tailored to your specific circumstances, with a view to the most
recent developments in statute and case law. Simply answering a few
leading questions is probably not going to provide you with a Will which
is suitable for you.
We
will take your instructions in person, provide you with professional
advice and ensure that the Will you eventually make is suitable for your
circumstances.
Q: I've seen adverts for very low-cost Wills! Why should I use you?
Under current law, Willwriting is classed as a 'non-regulated legal service', which means that you do not have to have any formal qualifications, be a member of a professional body or have any kind of indemnity insurance in order to conduct business. However, Willwriting is a complex area of law, which requires proper training and oversight to be done properly.
We are a member of the Institute of Professional Willwriters (IPW), which means that all of our Willwriters have passed their entrance examination, comply fully with their Continuing Professional Development (CPD) requirements, have appropriate Professional Indemnity Insurance and comply with the IPW's Code of Practice, which is approved by the Chartered Trading Standards Institute. Obviously, all of these safeguards do come at an additional cost; however, you can be assured that you are receiving a very high-quality service.
Q: Why can't I just write my own Will?
There's nothing to stop you - however, have you undergone any training to do so? Are you fully versed in the finer points of Inheritance, Trust, Tax and Family Law? There is no guarantee that, in making your own Will, it would be valid. If you are paying a Willwriter to draft a Will on your behalf, you have an assurance that it is being drafted by a professional with appropriate training, and it gives your beneficiaries recourse if something were to go wrong.
Q: What are these STEP Provisions I hear so much about, and why do you use them?
When we write Wills, these will invariably involve some form of Trust being set up on death. A Trust is where you give money or property to someone (a Trustee or Trustees) to look after for someone else (the Beneficiaries). The Trustees become the legal owners of the money or property (the Trust Fund), and have certain powers conferred on them by law which list their responsibilities, liabilities, obligations and duties.
The Society of Trust and Estate Practitioners (STEP) have developed a set of Standard and Special Provisions which, when included in a Will, significantly enhance the Trustees' powers and limit their potential liabilities, generally making it easier for them to do their job, and making it less likely that they will be sued. These have been approved by the Senior District Judge of the Family Division of the High Court to be included in Wills. Given that many of our clients are keen to appoint family members as Trustees, we generally recommend that these provisions are included in their Wills to help them. A full copy of the Standard and Special Provisions is included in our Resources section to the right.
Q: I don't need secure storage! Why can't I just keep my Will at home?
There is, of course, nothing to stop you from keeping your Will at home - it is, after all, yours! However, we strongly recommend that your Will is kept in a safe place away from your home. One of the leading causes of accidental death in the UK is in a house fire, during which it is highly likely that your Will would also be destroyed, leaving you dying intestate. It is a rather grim fact, but one that illustrates that storing your Will at home runs the risk of defeating the point of making one in the first place!
Wills and other important documents can also be destroyed accidentally, either by flood or simply by being thrown away. We store our documents in waterproof envelopes to protect against damage from floods, and in a fireproof safe which can stand temperatures of up to 1,000°C for 2 hours, can endure being dropped 9 metres, and stand the weight of a 2-storey building falling on it. Whilst many people have domestic safes, they are highly unlikely to provide the same level of protection, particularly in terms of fire - many domestic safes would be more likely to absorb heat, not repel it, therefore acting as an oven!
Q: Why do I need Estate Administration services? Surely I can just appoint family members!
Q: Why can't I just write my own Will?
There's nothing to stop you - however, have you undergone any training to do so? Are you fully versed in the finer points of Inheritance, Trust, Tax and Family Law? There is no guarantee that, in making your own Will, it would be valid. If you are paying a Willwriter to draft a Will on your behalf, you have an assurance that it is being drafted by a professional with appropriate training, and it gives your beneficiaries recourse if something were to go wrong.
Q: What are these STEP Provisions I hear so much about, and why do you use them?
When we write Wills, these will invariably involve some form of Trust being set up on death. A Trust is where you give money or property to someone (a Trustee or Trustees) to look after for someone else (the Beneficiaries). The Trustees become the legal owners of the money or property (the Trust Fund), and have certain powers conferred on them by law which list their responsibilities, liabilities, obligations and duties.
The Society of Trust and Estate Practitioners (STEP) have developed a set of Standard and Special Provisions which, when included in a Will, significantly enhance the Trustees' powers and limit their potential liabilities, generally making it easier for them to do their job, and making it less likely that they will be sued. These have been approved by the Senior District Judge of the Family Division of the High Court to be included in Wills. Given that many of our clients are keen to appoint family members as Trustees, we generally recommend that these provisions are included in their Wills to help them. A full copy of the Standard and Special Provisions is included in our Resources section to the right.
Q: I don't need secure storage! Why can't I just keep my Will at home?
There is, of course, nothing to stop you from keeping your Will at home - it is, after all, yours! However, we strongly recommend that your Will is kept in a safe place away from your home. One of the leading causes of accidental death in the UK is in a house fire, during which it is highly likely that your Will would also be destroyed, leaving you dying intestate. It is a rather grim fact, but one that illustrates that storing your Will at home runs the risk of defeating the point of making one in the first place!
Wills and other important documents can also be destroyed accidentally, either by flood or simply by being thrown away. We store our documents in waterproof envelopes to protect against damage from floods, and in a fireproof safe which can stand temperatures of up to 1,000°C for 2 hours, can endure being dropped 9 metres, and stand the weight of a 2-storey building falling on it. Whilst many people have domestic safes, they are highly unlikely to provide the same level of protection, particularly in terms of fire - many domestic safes would be more likely to absorb heat, not repel it, therefore acting as an oven!
Q: Why do I need Estate Administration services? Surely I can just appoint family members!
It is quite common practice for people to appoint close family members as their Executors; however, it is not necessarily best practice:
- Your Executors may die before you, meaning that the people who can apply for Probate are pre-determined by the Courts;
- Estate Administration is quite onerous, as it consists of establishing what assets you own, dealing with HM Revenue & Customs and the Probate Registry, paying off debts etc.;
- Your family and/or friends may find it emotionally distressing to undertake such work, especially just after a bereavement;
- If they do something wrong, like not paying off a creditor, then they become personally liable. Most people would probably not appreciate that liability;
- Many people who are appointed as an Executor simply instruct a solicitor to act on their behalf anyway, which can incur higher fees.
We always recommend appointing professional Executors, and through our professional connections, we can offer fixed price Estate Administration services at very competitive prices.
