There is no such thing as a standard Will — just as there is no such thing as a standard individual
At Westminster Law we provide professional and affordable advice and guidance, so that your Will is tailored to your circumstances and fully reflects your wishes.
Making a Will
If you die without having made a Will (in law we call this dying intestate), the important people in your life may not inherit your estate when you die, and more inheritance tax may be payable. Check our Guide on Intestacy Rules in the UK to learn more about intestacy estate distribution.
However, by making a Will and Powers of Attorney, you take ownership of your estate distribution and secure yourself during your lifetime by providing trusted people with authority to act on your behalf if you lose mental capacity or the ability to make your own decisions.
Based on statistics, around 60% of adults in the UK die intestate. One of the most common reasons for this is the mistaken belief that their family or close friends will automatically inherit without legal complications. Unfortunately, this is not the case. You can discover more about the Intestacy Rules in our case studies.
Key benefits of our service for your Peace of Mind:
- Professional background and qualifications
- No hidden costs
- Convenient home visits
- Lawyers experienced in Will writing and Estate Planning
Another significant cause of people dying intestate is the perception that writing a will is costly or complex. For the convenience of our clients who feel more comfortable discussing such matters in their own homes, we are pleased to be able to offer home visits to allow the process to be as smooth and simple as possible. Additionally, for our customers over the age of 60, we have created special prices for our core services including Will writing and Powers of Attorney.
Our professional team of lawyers can help you with matters including:
- Making a new Will
- Updating (making amendments to) your existing Will
- Lasting Powers of Attorney
- Estate planning
Key benefits of our service for your Peace of Mind:
- Professional background and qualifications
- No hidden costs
- Convenient home visits
- Lawyers experienced in Will writing and Estate Planning
Did not find what you were looking for?
What type of Will do I need?
- There is no single standard for drafting a Will. Incorporating various specific clauses, such as Property Protection Trusts, Life Interest Trusts, Vulnerable Person’s Trusts or the Appointment of Guardians, can make a Will an ideal solution specifically tailored to achieve your objectives in the most efficient way in the long run.
- Will Trusts tailored to your family circumstances will preserve your estate for future generations from any uncertainties or hardship that may occur such as later life re-marriage or care costs. The correct use of Will Trusts can also provide for a vulnerable individual in the most efficient way so that their entitlement to any state benefits is unaffected.
- It is never too early to make a Will when you have minor children. By appointing guardians you ensure that they will be looked after by someone you know and trust.
- You can make provisions for your favoured charities or pets if you wish.
- You can use your Will to outline your personal wishes for your funeral.
How to write a Will?
Nowadays, there are various options when making your Will. You can hire a professional Solicitor or Will Writer, use online tools, DIY templates or a Wills kit. However, without an understanding of the consequences of your decisions and possible threats to the estate, a self-made Will may not fully reflect your intentions and may not preserve your assets.
You can find out more in our article or in Top 10 Tips for Making a Will.
Key stages in making a Will
At Westminster Law, we aim to make estate planning straightforward and accessible.
Initial contact to agree on the time and place of the meeting. We will meet you at our premises or make a free home visit at your convenience.
During the first meeting, we will take your instruction and provide expert advice tailored to your specific circumstances.
We will prepare the documents for you and return within 14 working days.
We will guide you through the witnessing and signing process, ensuring everything is legally compliant and properly executed.
We offer safe and convenient lifetime storage to ensure that your important documents can be retrieved and utilised when necessary.
Get in touch
Key reasons for making a Will
Everyone should have a will to ensure that their wishes are fully reflected and that no intended beneficiaries are left out.
Contact
Get in touch with one of our local branches at the following locations:
Will writing services fees
Normal prices
SERVICES
Simple Will
Single Will
£150.00
Mirror Wills
£250.00
Special prices available to our clients aged over 60 years**
SERVICES
Simple Will
Single Will
£95.00
Mirror Wills
£190.00
*all of our prices include VAT
** These prices are only applicable to instructions taken during the first meeting.
FAQs
Can the executor of the Will also be a beneficiary?
Yes, and they often would be. It tends to be the beneficiaries of the estate that have a vested interested in ensuring that the estate is administered in an efficient and responsible manner. It is crucial that sufficient tiers of executors are apponted to deal with each tier of beneficiaries.
How can I get a copy of the Will?
There is no legal obligation to share the terms of your Will with anyone during your lifetime. However, when you pass away, the original Will is the only document that is accepted by the Probate Office. It is therefore crucial to keep the Will in a safe location, so that the executors are aware of its location and can easily retrieve it when necessary. When the time comes, the executors may request the original Will from the storage facility to allow them to proceed with their administrative duties. After the Grant of Probate has been obtained, a Will becomes public and can be viewed at probatesearch.service.gov.uk.
What if I die without a Will?
If you die without a Will you are said to be ‘intestate’. The result is that the estate is distributed by statutory rules. Under current rules, if you pass away leaving a surviving spouse or civil partner and children, your estate will be distributed as follows:
- Your spouse or civil partner will inherit all personal chattels;
- Your spouse or civil partner will receive a statutory legacy – as of 26th July 2023 this amount is £322,000;
- The remainder of the estate will be split equally between your spouse or civil partner and children.
It is important to note that cohabiting partners are not recognised by the rules of intestacy. Similarly, friends, distant relatives and charities would not usually benefit either. Additionally, the process will cause unnecessary stress and delays for your family during an already difficult time.
To ensure that your estate will pass according to your intentions and preferences, and to provide clarity for your loved ones, it is strongly advisable to consult professional lawyers to draft a will tailored to your specific circumstances.
A professionally prepared Will allows you to:
- Specify beneficiaries such as friends and charities;
- Appoint executors to administer the estate when the time comes;
- Appoint guardians for minors.
Having your will professionally drafted gives peace of mind for you and your loved ones.
Will there be Inheritance Tax to pay when I die?
The Office of National Statistics states that the average estate value in the UK is £340,000. The Inheritance Tax (IHT) threshold for a couple who own a property can be as much as £1 million. This includes a nil rate band of £325,000 per person and a residence nil rate band of £175,000 per person. This means that when children or other beneficiaries inherit there will not be any IHT to worry about as less than 5% of UK estates are subject to Inheritance Tax. When a spouse or civil partner dies and the survivor inherits everything no IHT is payable due to the spousal exemption rule. If the value of the estate after the surviving partner’s death is more than £1 million then IHT becomes payable. Planning ahead gives you an opportunity to protect future generations from having to deal with tax issues in the future. Experts in estate planning can help reduce taxes by employing various options, such as lifetime settlements and taking advantage of existing reliefs and exemptions.
Do I need a ‘Will Trust’ in my Will?
A Will Trust (or Testamentary Trust) is a type of trust arrangement incorporated in a will. There are various different types of Will Trusts such as Vulnerable Person’s Trusts, Life Interest Trusts, Property Protection Trusts, and many more. Each trust has its own objectives and specific tax regimes. One of the primary reasons why you may wish to include a trust in your will is to preserve your estate and ensure that it can pass to your beneficiaries. It is an accepted fact that if you run a car it is mandatory to have it insured. You may never use it, but it is in place to protect you should the worst happen. The same is true when it comes to trusts, you may never have the practical use of it, but should there be the need – it is in place, and your trust assets are secured from any uncertainties that life can bring.
A Will Trust protects your assets after you pass away. Typically, to help protect a couple’s estate, Wills incorporating a Trust can be a worthwhile consideration. A Will Trust can only be executed whilst both partners remain alive. On the death of one partner, their Will specifies that their share of the estate is placed in Trust and names the ultimate beneficiary of this share, often the children and grandchildren. Under the terms of the Trust, the surviving partner has the unequivocal right to remain living in the property and to enjoy the other assets, for the rest of their life.
On the death of the surviving partner the Trust comes to an end and the estate passes to the beneficiaries. As the surviving partner does not own the deceased's share of the estate it is fully protected for the beneficiaries, so if the surviving partner requires care, or even remarries, this share of the beneficiary's inheritance is protected.
This last point can be of particular interest to couples who have come together but have children from different partners. A Trust can help each person in the relationship ensure that their children inherit their share of the estate.
If the surviving partner wants to move they can still sell the property and the proceeds be used to purchase a new property; the terms of the Trust remain over the new property.
Do I have to update my Will regularly?
You do not have to update your Will regularly, there is no legal requirement for it. However, you ought to update your will when your circumstances change. For instance, if your current will no longer reflects your true intentions, or one of your executors is no longer able to act, or you have divorced or married or formed a civil partnership. At Westminster Law we recommend reviewing your Will at least every 3 years to ensure that it accurately reflects your wishes and contains up to date details.