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Member Services

Making A Will

Our Will Writing service is available to every client and their partner. They need not be married or of the same sex. Safeguard the interests of your family, friends and dependants by using our questionnaire. We will draft your Will from the information you provide.

If you are a single person, the Wills questionnaire should be completed by giving your details under the "Yourself;" column.

For the purposes of this document, the word "partners" is used to refer to all partners, whether married or unmarried, regardless of gender or sexuality.

If you are a couple, it is vital for both partners to make a Will. You should make provision for the fact that you might die together and in any event, you should provide for what might happen when you do both die. For couples making a Will, complete both the "Yourself" and "Your Partner" columns.

 

What is involved in making a Will?

A legally drawn up Will can avoid unnecessary work and heartache to your family and friends, at a time when they are least able to cope with it. You can deal with all the issues listed below and reduce the possibility of making your Will invalid or contestable.

  • Who inherits your estate (typically everything you own at the time of your death)?
  • Who are your intended beneficiaries?
  • Who will act as guardians of any children?
  • Who will carry out your wishes?
  • What are the advantages of creating a trust?
  • Do you wish to ensure any charities benefit from your estate?

You can of course alter or cancel your Will at any time. Charges may apply but we will advise on these at the relevant time.

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When I die, who will carry out my wishes?

In order to administer or execute your affairs, an Executor will be appointed. The person appointed is not prevented from also benefiting from your estate. Often, husbands and wives or partners can appoint each other as the first executor, with additional executors (two or more) acting as substitute executors in the event of partners dying at the same time. These would normally be adult sons or daughters, or sometimes professional people if appropriate. The appointment of any executor should be considered with care.

The duties of an executor

A Grant of Probate must generally be obtained from the Probate Registry, even if a Will appoints an executor. Capital Tax and Inland Revenue returns may need to be filed, providing a full and detailed list of assets. The duties imposed by law on executors and trustees can be time consuming and lead to personal liability.

If required, the partners of Thompsons Solicitors are willing to act as executors of your estate, either solely or with a relative or trusted friend. Because of the potential amount of time required, executors and trustees will often instruct a solicitor to deal with the administration of the estate. Our Probate Department is staffed by skilled lawyers who have extensive experience in dealing with the requirements of estate administration. Our costs are reasonable and based on the amount of work involved, rather than a percentage charge often levied by the major banks. Our costs are subject to the scrutiny of the Legal Services Ombudsman and can be subject to independent review at any time.

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If someone dies without making a Will, what happens?

If you die without making a Will, everything you own will be divided up by law, rather than your own wishes. These rules are known as Intestacy Rules.

If you do not leave a Will, your friends and relatives will have the difficult task of sorting out your affairs and one of the most common misconceptions is that all of your estate will automatically go to your surviving partner. This is not true. Your partner could be left with insufficient money to remain in the family home.

Unmarried partners or children who are not biological children of the parents (other than adopted children) are not provided for in law. If you have no surviving blood relatives, your estate goes to the Crown and your partner or non biological children would receive nothing.

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My children - what arrangements should I make?

If you have children under the age of 18, you should consider appointing a legal guardian to look after them. It is normal for the surviving parent to become the legal guardian in the event of one parents death. If you should both die at the same time however, it would be wise to appoint a member of your family or a close friend as a legal guardian. It should also be noted that unless appointed by the mother, an unmarried father will not automatically become the guardian of his natural child if the mother dies. Money for the maintenance, education and general welfare of your children could be provided by your trustees who would have the power to make these payments.

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My family - I don't want to leave them anything

You do not have to leave anything to your family in your Will, but if you do not make suitable financial provision for members of your immediate family or other people financially dependent on you, they may be able to contest your Will and claim a share of your estate.

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Formalities involved in witnessing the Will

When you sign your Will, we will provide clear and detailed instructions as there are very strict legal formalities to which you have to adhere.

Witnesses may also need to act as trustees in situations such as money needing to be held in trust for children under the age of 18, or other situations arising under your Will that involve trust.

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Making a Living Will

A Living Will is a statement or direction about your future medical treatment in the event that you are no longer able to communicate your wishes prior to your death.

The statement may contain circumstances in which you would not want to receive medical treatment, or what medical treatment you would wish to refuse, and in what circumstances.

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Assets inherited by my partner under my Will

How can I ensure that my partner does not leave them to someone whom I would not like to inherit those assets?

This can be ensured by giving your partner only a limited interest in your estate. This will mean that both your Will and the administration of your estate will be more complicated and will involve work that falls outside our normal Will scheme. An additional charge may be required so please contact us for further details.

This requirement would mean that your estate would have to be held by your trustees upon trust. Examples include

  • giving the right to live in your home to your partner during your partner's lifetime (or perhaps until your partner's (re)marriage);
  • giving your partner the right to the income generated from the remainder of your estate during your partners lifetime (or until your partners (re)marriage).

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Assets - there may be some which are not be covered by your Will

  • Death benefits under a pension scheme are usually distributed at the discretion of the pension fund trustees. You should therefore let them know of your wishes. Often, they will require you to complete a nomination form indicating whom you would like to benefit, we would advise you to review your nominations annually.
  • Life assurance policies, if written in trust, are payable to the named person(s), whatever your Will may say, we would advise you to check these annually.
  • Assets in joint names may pass to the survivor. If you wish to leave your share of jointly-owned assets to someone other than your co-owner, you may need to take steps to divide the ownership of those assets. If, for example, the jointly-owned asset is your home you should have the wording of the title deeds checked. Normally, the title deeds are worded in such a way that your share would automatically pass to the other owner on your death. This requires conveyancing work such as drafting a declaration of ownership. This work falls outside the Wills scheme. Thompsons Solicitors has expertise in this area should you require this additional service.

 

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Does it affect my Will if I divorce or remarry?

  • In the event of a divorce, former spouses are treated as if they were omitted from the Will. Even if they were named as executors, they cannot act in this capacity. No gift will pass to them although the remainder of the Will will be valid.
  • A marriage usually cancels any previous Will rather than just omitting previous spouses.
  • To avoid a Will being cancelled if you have set a date for a wedding, an appropriate clause can be included. Please advise us if this is the case.
  • A legal spouse (someone to whom you are still married) may be able to inherit under a Will you have made but not yet cancelled, even if you are co-habiting with a new partner. This circumstance is covered under the intestacy rules so you should make sure you make provision for your new partner and any children.

If the property concerned is a joint bank or building society account, you could perhaps transfer your share to a new account in your sole name so that you can leave that money to someone other than your co-owner.

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What is effected by Civil Partnerships

The dissolution of a civil partnership has the same effect on the partners' Wills as divorce does for married couples. The formation of a civil partnership revokes the partners' Will unless made in contemplation of their civil partnership. If you are (or about to be) in a civil partnership, please tell us.

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Becoming mentally infirm in later life

Can I arrange for a relative or friend to look after my affairs?

A Lasting Power of Attorney is a separate legal document that does not come into effect unless and until you are incapable of managing your own affairs. This will allow you to arrange for a relative or friend to look after your affairs should you become incapable, but you cannot make provision for this in your Will.

There are two types of Lasting Power of Attorney, one to deal with your property and financial affairs and one to deal with your health and welfare.

If you would like to discuss Lasting Powers of Attorney then please contact us.

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Where should my Will be kept?

You can lodge this with your bank or at the Probate Registry or keep it safe at home.

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Changing my Will?

We advise that you should review your Will every two to five years, and especially when there is any major change in your life, such as marriage, separation, divorce, remarriage, or a death in the family.

We will be happy to discuss any changes in your Will and can advise on charges at the relevant time. However, if someone named in the Will changes address, you do not need to make a new Will but make a note of any new details, which should be kept with the Will.

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List of assets required to prepare your Will

To assist us in preparing your Will we need a list of all of your assets which should include:

  • your home
  • life policies
  • your savings
  • car
  • other effects

 

At the same time, in order that we can work out the approximate value of your estate, we would also require a similar list of all your liabilities such as:

  • mortgage
  • overdrafts
  • other debts

 

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What is Inheritance Tax?

Inheritance Tax or IHT as it is sometimes referred to is levied on a person's estate when they die.

For more information, visit the Directgov website.

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Next steps and questionnaire

As a union member, you may have access to a Will making service and an online Will writing service is available to some unions.

If you are not a union member, and wish to contact us about making a Will, please visit our Will making service for private clients for more information on our fees, or print out the questionnaire and follow the instructions below.

Please print off and complete the questionnaire giving full forenames and full addresses in block capitals of everyone you wish to mention – e.g. Rebecca Ann Windsor not Becky A. Windsor. Your application will be returned if not properly completed.

Blind or partially sighted visitors to our site can access the Wills questionnaire as a Word document by contacting us on 08000 224 224 or email enquiries@thompsons.law.co.uk.

Return the questionnaire and financial checklist, together with your cheque, if appropriate, made payable to Thompsons Solicitors, to:

Wills Department
Thompsons Solicitors
The New Union House
2 Harbour Avenue
Plymouth
PL4 0BJ

If you are unable to print the questionnaire for any reason, contact us on 08000 224 224 and we will be happy to send you a copy in the post.

We are an equal opportunities firm and all our services are available equally regardless of sex, race, age, disability, sexual orientation or religious belief.

(Our service does not cover Northern Ireland or Scotland).

If you are not a union member, and wish to contact us about making an injury claim, please
call us on 08000 224 224
or
Text CLAIM & your name to 82010, standard network rates apply

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