Professional Will Writing
& Lasting Powers of Attorney

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Frequently Asked Questions

CAN I MAKE MY OWN WILL?

Although you are entitled to write your own Will, you are strongly advised not to unless you possess the legal training to do so. Many problems can arise, simply from using incorrect terminology. Inevitably, any errors made will not be discovered until after your death, at which point it is too late to correct them. This could result in emotional distress and financial loss for your family, or the entire Will being invalid.

Heritage Will Writing Services are specialists, trained to take all of your assets and personal circumstances into account, and advise you of your options, the benefits and any pitfalls to ensure you make the right decision for you.

HOW MUCH DOES IT COST TO WRITE A WILL?

Our Wills are tailor made for you, so the cost will depend on your own particular needs and circumstances. We are happy to advise you of our costs at the free initial meeting, once we have an understanding of what you require.

Our fee includes two appointments.

I HAVE A WILL BUT I THINK IT NEEDS AMENDING, IS THIS POSSIBLE?

Yes. We offer a Free Will Checking Service where we can look through your Will and, after a brief discussion about your circumstances, see if any amendments need to be made.

If amendments are necessary we would advise you accordingly and inform you of any costs involved.

DO MARRIED COUPLES NEED TWO WILLS?

Yes. A Will is a document for an individual.

A pair of similar or matching Wills which carry the same provisions are called a “Mirror Will”.

Getting married or remarried cancels a previously written Will, unless the Will clearly states otherwise.

WHAT ARE EXECUTORS?

When making a Will you must appoint someone who acts as the Administrator of your estate after your death.

It is their responsibility to identify and secure your assets at the time of your death, pay bills and funeral expenses and distribute your estate according to your instructions.

Anyone who is over the age of 18 and of sound mind is eligible to be an Executor and you can appoint a minimum of 1 Executor and a maximum of 4.

When considering the appointment of an Executor it is important that they live in the UK, and that they are capable of performing and willing to carry out the duties.

You may appoint a friend or family member, however you are advised not to solely appoint your spouse in case you should die together.

CAN AN EXECUTOR BE A BENEFICIARY OF MY WILL?

Yes, quite often the Executor is one of the main beneficiaries. It is worth noting that neither a beneficiary nor the spouse of a beneficiary in your Will can be a witness.

WHAT IS A BENEFICIARY?

A beneficiary is a person or entity, such as a charity, who you wish to benefit from your Will.

You may make gifts of property, personal possessions or a specific sum of money as long as it is yours to give.

Or you can chose to divide your estate into shares and leave a percentage to particular individuals, for example “50% of my residuary estate to my two children…”

CAN CHILDREN UNDER 18 INHERIT MY ESTATE?

You may leave any part of your estate to a child, however they will not inherit until they reach the age of 18. You can stipulate in your Will if you wish your child to inherit at a later age.

The funds are held in a Trust, which becomes accessible when they reach this age. Until the child(ren) reach the stipulated age, the Trustees in your Will decide how much of the estate should be used for the benefit of the child, for example to pay school fees.

WHAT IS A TRUSTEE?

Trustees are the individuals appointed to safeguard and administer any part of your estate that is put into Trust for your beneficiaries. Trusts can be created when beneficiaries are vulnerable or have not yet attained the age of inheritance.

It is the responsibility of a Trustee to ensure that a Trust is maintained according to your wishes.

WHAT IS A GUARDIAN?

If you have children under the age of 18 we strongly advise that you use your Will to officially appoint Guardians in the event of your death. 

A Guardian will raise your children and provide for them financially.

This can be one of the most difficult decisions you face when writing a Will, however this is the only opportunity to officially nominate someone.

Failure to make the necessary appointment could result in a court making this decision for you.

When appointing Guardians it is important to remember:

You need to also consider any financial implications for the Guardians:

WHAT DOES RESIDUE MEAN?

Your Residue, or Residuary Estate, is the balance left over once all debts, funeral expenses, tax and specific gifts to beneficiaries have been deducted.

Unless specified by way of a valid Will, your Residuary Estate is subject to the laws of intestacy. 

The Residuary Estate is often left to the main beneficiary in your Will, although can nominate it to be distributed to a number or people or entities in equal or unequal shares.

SHOULD I CREATE A TRUST?

Creating a Trust is largely dependent upon your individual circumstances and our consultant will advise you accordingly. 

Trusts have been used for generations to protect vulnerable beneficiaries or the assets of your estate.

Your appointed Trustees are responsible for managing the Trust or property until it is inherited by your beneficiaries.

SHOULD I MAKE SPECIFIC LEGACIES?

Gifts, or Legacies, to beneficiaries can include items of sentimental value or heirlooms. 

A Legacy can also be a specific amount of money, otherwise known as a Pecuniary Legacy, and can be left to individuals or charities.

CAN I CANCEL MY WILL?

A Will is cancelled, or revoked, by any of the following:

It is advisable to review your Will every few years to ensure it is kept up to date.

WHAT ARE YOUR OPENING HOURS?

At Heritage Will Writing Services we appreciate how busy lives are and we are therefore able to offer flexibly timed appointments that are convenient for you.

Our standard opening hours are 09:00 to 17:00 Monday to Friday for your telephone or email enquiry. Alternatively, you can visit our Facebook or Instagram pages.