Will Writing Solicitors in Warrington
Making a Will
If you need advice about a Will we can help. We are an established firm of will writing solicitors although based in Warrington we cover the whole of Cheshire, Halton and St Helens.
If you are considering making or updating a Will contact us for free advice on 01925 937070.
Our office is easily accessible from the A49 or the M62. We are based in the town centre close to the Golden Square Shopping Centre.
There is free parking for up to one hour directly outside the office and close by in Museum Street.
We are also able to arrange home visits.
What are the requirements for making a Will?
As a general rule you need to be 18 years old or older. You must have mental capacity.
How much does a Will cost?
Costs depend on how complicated the Will is and depends upon your individual circumstances. If your estate is modest and you are leaving everything to your spouse/civil partner and then your children we can provide a fixed quote.
If your estate is valued in excess of £1,000,00.00 and/or you own a business and/or overseas properties then your Will will be more complicated. It is also likely you will need specialist tax advice.
Similarly, in the case of second marriages/stepchildren a more detailed Will may be necessary.
You may be concerned about the possibility of losing your home if you later have to go into care.
We will tailor your Will to your specific requirements – we won’t try and sell you something you don’t need.
The first consultation is completely free and without obligation – whether you wish to go ahead after that is up to you.
If you need advice call us on 01925 937070 or complete our contact form on the right hand side of the page and we will call you.
What are Mirror Wills?
Mirror Wills are a pair of Wills which are identical to each other. They are most common in cases where a couple wishes to leave their entire estate to each other and then to the children.
In some situations, such as where each has children from a previous relationship, your requirements may not be the same, in which case there would need to be two individual Wills drafted.
Can I write my own Will or use a Will Writing Service?
It is, of course, possible to purchase a D-I-Y will kit but a Will is one of the most important documents that you will ever create in your lifetime. A poorly drafted Will can create serious problems for those left behind and lead to the Will being ruled invalid. Those problems are not likely to be identified until the Will is sent to Probate.
It is also possible to use a Will Writing Service but many such services are conducted entirely by email, telephone and/or correspondence. There is always the risk if the Will drafter does not see you in person that there may be problems later, e.g. if the correct procedure is not followed by you the Will may be ruled invalid.
D-I-Y Wills are arguably more likely to invite allegations of undue influence by disgruntled family members. Similarly, questions may be raised about mental capacity.
The law surrounding Wills is very complex and it is very easy to fall foul of them. The result can lead to expensive and time-consuming litigation. There is no substitute for personal service when dealing with something as important as making a Will.
Cutting someone out of your Will
It is not unusual for family members to fall out with each other and if this happens to you it may be the case that you would not wish that person to inherit from your estate after your death.
If so, you may wish to take legal advice for the following reasons:-
- If you do not make a Will then the Intestacy Rules will apply and the law will dictate who inherits your estate.
- Even if you make a Will a disgruntled family member may be able to make a claim on your estate.
It is therefore crucial in these circumstances to make a legally valid Will to ensure that someone you would not wish to inherit does not do so.
A Will is one of the most important documents you can create but nearly two thirds of people in the UK don’t have a Will.
Common reasons include: –
“I’ll get around to it – life gets in the way and I have been busy”
Deciding to make a Will is one of the most important decisions you can make and should be a priority but life has a habit of getting in the way! That’s why we will make the whole process as efficient and smooth as possible. We can usually turn a Will around in less than a week.
A properly drafted and executed Will ensures that your wishes are made known to those left behind and gives you control of where your money, property and possessions will go. If you die before making a Will you will have died ‘intestate’ and your estate will be distributed under the intestacy rules in accordance with the Administration of Estates Act.
When the intestacy rules were developed in 1925 most people were married and stayed married. Whilst that is no longer always the case unfortunately the law hasn’t caught up. If you are not married or in a civil partnership your spouse or partner will not inherit any part of your estate. It will be distributed to blood relatives in strict order of priority, which may not be what you wanted to happen.
Sometimes people remarry and each may have children from a previous relationship. When one spouse dies the first portion of their estate goes to the other spouse (and potentially all of it – depending on the size of the estate). The estate would then follow their bloodline, so which children will ultimately inherit is a lottery depending on who dies first.
“I don’t have anything valuable to leave”
Maybe you don’t have a large estate but you may still wish to leave a particular possession to a named individual even though it may not be worth a great deal of money. Disputes with family members can arise where relatives disagree over who was meant to have certain items. This is entirely avoided when your wishes are clearly expressed in a Will.
Do you have children who are under 18? If so you can appoint a Guardian in your Will to look after your children in the event of your death. It isn’t pleasant to think about, but failure to face the possibility and address it can cause great distress and upset for those left behind at the worst possible time.
“I don’t need to think about it until I’m older”
The sooner a Will is made the better. The consequences of putting it off can be absolutely disastrous for relatives and loved ones left behind if the unexpected happens.
In the absence of a Will the law will decide how your estate is distributed and that may not be what you would want to happen. For example, an estranged blood relative could inherit instead of someone very close to you whom you would have chosen but to whom you were not related by blood or marriage.
There are many reasons to make a Will , but the peace of mind of knowing that you have control over who inherits your estate has to be one of the most important reasons to make a Will. Read more.
What shall I do now?
Call us on 01925 937070 to make an appointment for a consultation. This can be done over the telephone initially. We will consider your requirements and advise on your options. Depending on what your requirements are we will be able to advise on costs. There will be no hidden extras or additional costs. We make the whole process quick, easy and straightforward. Our aim is to make sure that you are equipped with the knowledge to make the right decision.
What happens to my Will after I have signed it?
We will discuss this with you at the consultation. You can elect to take the Will home or we will advise you on your options if you choose to put it into storage.
I made a Will a few years ago – how do I know if it needs updating?
We recommend your Will is reviewed every five years. However, certain occurrences have the effect of automatically revoking a Will, e.g. marriage. In this case the effect of marriage is that you have no Will and in this situation the Intestacy Rules would apply.
If you are not sure whether your Will needs updating, we would be happy to discuss this with you and review your Will free of charge.
Why use DSM Legal solicitors for will writing?
We are a long-established private firm of Warrington solicitors authorised and regulated by the Solicitors’ Regulation Authority so you know you can trust us.
There are many good will writing businesses around but how do you know which ones you can trust? Will writing is an unregulated industry and it is difficult to know who to choose.
It can be confusing, but just because a company has ‘law’ or ‘legal’ in its name does not mean that they are regulated solicitors. It is crucial to deal with a reputable company which is regulated. There is nothing to stop someone setting up a business and offering will-writing services with no experience and no insurance.
Unfortunately there are scam companies who charge excessive fees for providing either a substandard service or non at all. In one recent case a number of directors of a will writing firm were charged with fraud. Read more here
Our services – we provide a reliable will writing service which includes:-
- Fast friendly and professional service
- Affordability
- Witnessing of wills
- Home visits
For more information about our will making service or to make an appointment please email Diane Massey on 01925 937070 or scroll to the top of this web page and complete the ‘Contact our Solicitors’ form and we will contact you.
Will Writing and Lasting Power of Attorney Solicitors in Warrington, Cheshire
When making a will you may also wish to consider a Lasting Power of Attorney. We are able to offer a discount on the cost of a Lasting Power of Attorney when drafted at the same time as the Will.
