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Legal Services - Wills

What are they?

A will is a document, prepared in a formal way, in which you can specify what happens to your assets after you die.

What do they contain?

All wills should have an appointment of executors*; these are people who will do the day to day work to gather in your assets, pay any debts and pay the balance to the beneficiaries*.

* executors can be beneficiaries
* beneficiaries are the people who inherit

Sometimes if spouses/civil partners leave everything to each other, the remaining spouse/civil partner is both executor and beneficiary.

How do they work?

A will does not come into effect until death; they can be changed or amended (by another document called a codicil) at any time until death if the person has mental capacity.
Are there different kinds of wills?

Yes, several different kinds - see our Wills Information Sheet

What do I do next?

If you are thinking of making a will, there are certain things you should record before coming to see us. You can print off a questionnaire (PDF format - see next paragraph) which you can complete outlining the basic information required to complete a will.

If you need to get the free Adobe reader for PDF files, click here.

What else might I consider?

You may wish to consider what would happen if you became mentally incapable and what you could do to protect yourself.

Wills information sheet

Basic will:

This is a will suitable for a person who does not have many assets and merely wants to ensure that a favourite niece or other person inherits what little they have. The document will appoint executors and have one or two further clauses.

Standard will:

This would be a simple will for husbands and wives who leave everything to each other and then make provision for children and grandchildren. Executors would be appointed, and could be the surviving spouse and/or children.

Extra clauses

Discretionary Trust clauses:

Many people have complicated family relationships where they may want a beneficiary to ‘enjoy’ an asset while alive but when that person has died the rest of the family can have that asset. This often happens where there is a second marriage and there are children from a first marriage. This is where the will may have to include a trust and, because of this, the will can be long and complicated, and the person making the will (called a testator) will need to understand the implications and also whether it fits in with what they want. This is why such a will can be more expensive.

There are other clauses that may be added, covered by our hotchpot/guardianship provisions in our fixed fees.

Legacy clauses:

A testator might want to include many legacies to different family members or charities, or have specific instructions regarding certain assets and this would add to the complexity of the will.

Business clauses:

If a testator is running a business, the way in which that business is run after death is important and may need particular clauses in the will.

At the first meeting a costs analysis will be carried out to show how your will will be costed. This may change if you decide to change instructions.

Jennifer Margrave Solicitors LLP

"We advise on law, but do much, much more."