Will solicitors

Everyone should make a Will. None of us know what the future holds and so, whatever your age, it can be sensible to plan for what will happen to your assets after your death.

Whether you want to ensure your family are provided for, appoint guardians for your children, reward friendships or ensure that your assets pass to particular people, making a Will can provide peace of mind and prevent legal problems for your family later on.

Many people misunderstand what will happen if they die without making a Will. They assume that their property will automatically pass to their partner. This may not be the case – particularly so if you are not married or in a civil partnership and want your assets to pass to the person who you are living with.

Dying intestate (i.e. dying without a Will) may also mean that more tax is paid on your death than would have been the case had there been a Will. Will disputes may also be avoided through a carefully drafted Will.

It’s possible to write your own Will, but mistakes are easy to make, and the consequences often don’t surface until it’s too late to fix them. A poorly drafted Will can be challenged, misinterpreted, or even deemed invalid, leading to disputes, delays or your estate being distributed in a way you never intended.

If your circumstances are anything other than straightforward, for example, involving business assets, trusts, inheritance tax or children from previous relationships, using a solicitor is strongly recommended. Our Will specialists can help you structure your Will properly to reduce risk and protect both your wealth and your family’s future.

Poorly drafted Wills are one of the biggest sources of inheritance disputes and family conflict. Clients often approach us after a death has revealed issues such as:

• Missing signatures or incorrect witnesses
• Multiple conflicting Wills
• Unclear wishes or ambiguous instructions
• Wills that fail to deal with all property or beneficiaries

Inconsistencies, inaccuracies and lack of legal oversight can lead to lengthy, and costly disputes.

Many people misunderstand what will happen if they die without making a Will.

If you die without a Will in the UK, your estate is distributed according to the intestacy rules – a fixed legal order that may not reflect your wishes. These rules don’t account for unmarried partners, stepchildren, tax planning or more complex family dynamics, meaning your assets could end up in the wrong hands or trigger avoidable disputes and delays.

For high-value estates or those involving business interests or overseas assets, the risks of dying intestate are even greater.

Without a Will, you lose the opportunity to control how your wealth is passed on, which can undermine long-term financial planning and create costly legal challenges for those you leave behind.

You should review your Will every few years or after significant life events such as marriage, divorce, children or major changes in your financial situation.

We offer fixed-fee packages for standard Wills and bespoke pricing for more complex estates. Please contact us for a personalised quote.

An executor takes responsibility for dealing with a deceased person’s estate – which can include obtaining probate, settling unpaid debts or bills, paying inheritance tax and distributing money or assets to beneficiaries.

Anyone aged over 18 can act as an executor, but when you make a Will, it’s important that you choose your executors carefully. It’s advisable to have at least two executors, in case one of them dies. It’s also advisable to choose someone who’ll have the right skills to be able to manage finances and paperwork when dealing with your estate. It can be an onerous and time-consuming role and carries personal liability if things go wrong. For this reason, many people often appoint a professional executor such as a solicitor.

Yes, Clarke Willmott can act as professional executor through Clarke Willmott Trust Corporation Limited.

We hold Wills at no cost to our clients. If your or a loved one’s Will is held by us, find out how to request an existing Will here.

This depends on which countries you hold nationality, your assets, your residence and domicile. It may be that you have one international Will, two Wills in the same country but dealing with assets in different countries, or separate Wills in different countries. Advice should be taken from one of our experts.

Yes, they can and often do. It can be tricky though and local lawyers will need to be engaged to assist. Sometimes a personal appearance is necessary along with registering for local taxes.

Yes, you can include foreign property in your Will, however cross-border estates often require additional advice. We can coordinate with our network of overseas advisers to ensure any foreign assets are dealt with appropriately.

Leaving a gift to charity can help reduce inheritance tax and make a lasting impact. If 10% or more of your estate is left to charity, your IHT rate may be reduced from 40% to 36%. We can help you:

• Draft charitable gifts and legacies clearly
• Choose the most tax-efficient structures
• Avoid potential conflicts with other beneficiaries