Parenting Guide: Making a Will
Sometimes the unthinkable does happen. Our advice for parents is to make a will: it's a way of preparing for the worst, providing for your family, and reassuring yourself that your wishes will be carried out after you're gone. Here's our parenting guide on why to make a will.
Why make a will?
If you die intestate (without making a will) your money and possessions will be divided according to the law, instead of exactly as you would wish. Making a will is especially important for cohabiting couples, because if you are not married, your partner won’t inherit automatically.
More reasons to make a will
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- To make sure your estate is divided exactly as you would like
- To make sure your partner and children are provided for – especially if you are unmarried
- To distribute your assets so that inheritance tax is minimised
- To name the guardian who will be responsible for your children, if they are under age (a court will appoint a guardian if you do not do this)
- To avoid your loved ones needing to deal with the extra stress and worry of sorting out your affairs once you are gone
What to include in your will
- List the property you want to bequest and name the beneficiaries, specifying who should get what assets and possessions.
- Include details of the person or persons you want to act as guardians for your children if they are under 18.
- Name an executor or executors who will be responsible for sorting out your estate when you die.
- As well as these considerations, you may also want to make provisions for your funeral and other arrangements.
Do you need a solicitor?
- There is no legal requirement for a solicitor to be involved in the drawing up of a will or as a witness.
- However, it is advisable to at least have your will checked over by a solicitor to make sure that everything is correct and in accordance with the law.
- If a will is not drawn up correctly, it may not be legally binding.
- It is particularly recommended that you consult a solicitor if your circumstances are complicated - for example if you are not married to your partner, or if you have children from a previous marriage.
Further information
For further advice on wills and to find a solicitor in your area, go to your local Citizen’s Advice Bureau (http://www.citizensadvice.org.uk/index/getadvice).
What to do next
If a solicitor has been involved in making the will, they will most likely keep the original for you. If not, keep it in a safe place and tell a relative, friend and/or solicitor where it is. Review your will regularly and after major events such as marriage, divorce, or the birth of a child. Remember, any changes will need to be witnessed or they won’t be legally valid. If you want to make a new will, invalidate the old one by personally destroying it and include a clause in your new will stating that it revokes any previous wills.
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