Are online wills legal?
Yes, as long as you correctly follow our online process, your will is as legal as if you had used a solicitor, but will have cost you much less in time and money. Our service ensures that the legal demands of a will are met, which includes:
• Correct signing of documents
• Review by a fully trained lawyer
What happens if I die and I don’t have a will?
If you die without making a will, you cannot be sure that your possessions will be received by the people that you would want to have them and it is called ‘dying intestate’. For example, if you are living with your partner but are not married, they will receive nothing after your death as they have no legal claim to it. Making a will means that you ensure that your loved ones are not left worrying about the future or your estate at a time of bereavement.
Can I write my own will?
You can write your own will, however there are many risks with doing this. If you do not complete all of the legal demands when you write your will, then you could leave your family and loved ones with substantial legal fees as they try to put it right. If your will is deemed ‘unclear under the law’, then it can be completely overturned and your wishes may be overruled or it may even be declared invalid altogether.
Taking the time to complete a will through our service will ensure that your will is 100% legal and that your final wishes will be carried out after you are gone and that your family and loved ones are not left with confusing and difficult decisions at a time when they are already grieving.
Can I write a will for someone else?
It doesn’t matter who writes the will, as long as the will and the process meet certain criteria. The owner of the will must:
• Be sound of mine at the time the will is written
• Of an appropriate age (over 18)
• Fully understand and be happy with the contents of the will
What reasons can I not make a will?
You cannot make a will if:
• You are under the age of 18
• You do not fully understand what a will is
• You do not understand the extent of your estate (what you own)
• You are unsure of who should be included in or excluded from your will
Can I leave people out of my will?
If you wish to exclude someone from your will, simply do not mention them. You do not need to state in the will that you are not leaving them anything like you may see on tv, however, it is advised that you write a separate letter explaining your reasons as this can be used in court to support your wishes if your will is ever contested. If you wrote your reasons in your will, it is not guaranteed to be read out in court, so a supporting letter is a good idea if you have specific wishes for leaving someone out of your will.
Please be aware that you legally have to provide for anyone who is financially dependent on you and if you do not, then you will may be challenged and changed.
What can’t I leave in my will?
There are certain things that you cannot leave in your will, however if you have listed any of these things, they do not make your will invalid. Instead they are simply crossed out and ignored.
You CANNOT leave the following items in your will:
• Your pension rights. These should already be assigned to someone at the time of taking out your pension.
• Joint Tenancy property. If you own a property with someone else under a ‘Joint tenancy’, you cannot leave your share to someone in your will. The same goes for your share of a joint bank account held on a ‘joint tenancy’ basis so it is worth checking with your bank if this applies to you before making your will.
• Any property that you own outside of England and Wales.
• Any life insurance policies that have already been ‘written in trust’ to a beneficiary. Contact your insurance provider before making your will if you are unsure.
• Death in Service Benefit.
What is Inheritance Tax and how much will have to be paid?
Inheritance tax is tax on the property, money and possessions of someone who has died.
Normally, you do not pay inheritance tax if:
• The total value of your estate will be less than £325,000 (this is a tax free or ‘nil rate band)
• If you leave the entirety of your estate to your spouse, civil partner, a charity or a community amateur sports club
If your estate totals more than £325,000, then anything over that amount is taxed at 40%. There are many reasons for Inheritance tax amounts to change, so it is best to check on the GOv.UK website for up to date information regarding this.