Wills & inheritance

Failing to prepare a will can mean that officials then need to decide what happens to the deceaseds finances, property, assets, children, etc.

There are a number of benefits to making a will, for example:

• You can avoid the intestacy rules
• You can make sensible decisions for your dependants
• You can be specific
• You can address tax planning issues

Wills deal with more than just assets; they cover important details such as who will care for your children and who will be the executor of your estate. By planning ahead, you can give yourself time to consider the implications of inheritance tax and how it can be minimised.

Whilst you don’t need a solicitor to make a will, there are legal formalities which need to be followed to make sure that your will is valid. Without the help of an expert, there is a real risk that you could make a mistake. This may invalidate your will, or create problems for your family and friends after your death.

We recommend that any legal professional you instruct is regulated by the Solicitors Regulatory Authority. You should be careful if using an unregulated provider, as you may have little to no protection against negligence or fraud.

According to research, a staggering 66% of the population in the UK do not have a valid will in place.

Not having a will can cause all sorts of complications around child care, financial arrangements, and inheritance.

This service can be sought by those who wish to create, seek advice or have concerns regarding a will.

In addition to seeking advice on and drafting wills, many of our clients have questions about inheritance tax and succession planning.

It is very important to ensure that your will and other will related aspects are kept as up-to-date as possible to ensure that your wishes are carried out inline with the new changes and that any alterations to your estate are correctly listed.

It is where a will is either cancelled or altered.

If the testator owns assets jointly with another person, for example a home or bank and building society accounts held by husband and wife, then any gift of those assets in the will may not work.

The reason is that, depending on how the assets are held, the surviving joint owner could become the sole owner of the asset automatically when the first joint owner dies regardless of the provisions of the will.

If the testator does wish to deal with a jointly-owned asset in their will then they may need to change the basis of ownership.

A testator is a name/term for someone who has created a will.

With top tier rankings for private client legal advice from both Chambers and the Legal 500, we have a national reputation for excellence. Lodders has a dedicated team across three offices in Stratford upon Avon, Henley in Arden, and Cheltenham, and our services include all aspects of wills, trusts, estates and tax planning, and care and capacity matters.

Our solicitors, who specialise in wills, understand all the concerns and challenges involved in managing wills. No matter how simple or complex, we can provide you with a complete drafting service for wills, trusts and supporting documentation. Drawing on our experience of preparing hundreds of wills each year, we offer clear and uncomplicated advice to help you provide for the welfare of your family.

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