Latest column from Denbighshire Citizens Advice is:
Q: I don’t have a will, but I wonder if I should make one? The problem is, I have no idea where to start or how to make it official.
A: Making a will can seem daunting, but it’s important to make one whether or not you consider yourself to have many possessions or much money. This is because there are certain rules which dictate what will happen to your money, property, or possessions after you die and without a will they may not go to the people or places you would have wanted.
It’s a good idea, although not strictly necessary, to use a solicitor, or to have one check a will you draw up to make sure it’ll have the effect you want. This is because it’s easy to make mistakes which could cause problems after your death and result in costly legal fees.
A solicitor will charge for their services, but they should tell you how much their help will cost before they start working with you. Charges vary and will depend on the complexity of the will. Before making a decision on who to use, shop around and speak to a few different solicitors to find the best price.
Before you approach a solicitor, you should think about the major points you want to include in your will. This will save you time and help to reduce costs.
Things to think about include: how much money and property you have and if any of your possessions are especially important to you; whether you want any of your money or possessions to go to specific family or friends after your death; and what you’d like to happen to the rest of your assets, including whether or not you’d like to leave any gift to charities. If relevant, you should also decide who should look after any children you may have who are under 18.
You’ll also need to decide who will sort out your estate and carry out your wishes, as set out in the will. These people are known as the executors. It’s common to appoint two executors, in case one is unable to carry out the task. People often choose either relatives or friends, solicitors or accountants, banks, or the Public Trustee, which is an official body, to be an executor.
For a will to be valid, it must be made by someone who is 18 or over and of sound mind, meaning someone who is capable of rational thought, making and understanding decisions. It must also be drawn up without any pressure from another person. It must also be made in writing and signed by the person making the will, in the presence of two witnesses, who must also sign the document in the presence of the person making the will. Lastly, it should be dated. As soon as the will is signed, dated, and witnessed, it is complete.
Once a will has been made, it should be kept in a safe place and other documents should not be attached to it. This safe place might be at home, with a solicitor or accountant, at a bank, or at HM Courts and Tribunals Service (HMCTS) for safekeeping.
* You can find out more information about making a will on the Citizens Advice website.
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