Making a Will

Will Drafting Solicitors in Warrington

Making a Will

Making a Will

It is one of the most important documents you can create but nearly two thirds of people in the UK don’t have a Will.  Why?

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.   It should be a priority.  

It 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 have children from a previous relationship.  When one spouse dies the first portion of their estate goes to their 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.  

What are the requirements for making a Will?

As a general rule you need to be 18 years old or older.   Provided you have mental capacity there is nothing to stop you making a will.   

How much does it cost?

Each person’s requirements are different.  We provide individually tailored advice and so it is not possible to offer a “one size fits all” quotation.  No two Wills are the same.  

It is important to discuss your requirements which is why we offer the first consultation completely free and without obligation – whether you wish to go ahead after that is entirely up to you.

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 every 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.  There is no substitute for personal service when dealing with something as important as making a Will.

Solicitors are regulated by the Solicitors Regulation Authority and carry professional indemnity insurance so that your interests are fully protected if anything should go wrong, eg your Will is lost or a mistake is made.

What should I do now?

Call us on 01925 937070 to make an appointment for a consultation.  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.

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 ask us to store the Will for you for a small one-off charge – this covers insurance.   The Probate Service also provide a storage service.    Wherever you decide to keep the Will it must be in a safe place and your executors should be told where it is.

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.

Our services – we offer

  • Fast friendly and professional service
  • Witnessing of wills
  • Home visits
  • Storage of your will

At our offices we provide

  • Free car parking
  • Disabled access and facilities

Contact us

For more information about our will making service or to make an appointment please contact Diane Massey on 01925 937070 or scroll to the bottom of this webpage and complete the ‘Contact our Solicitors’ form.  We also have a Wigan office which can be contacted on 01942 914004.

Lasting Power of Attorney in Warrington, Cheshire

When making a will you may also wish to consider a Lasting Power of Attorney.   We are able to offer a 10% discount on the cost of a Lasting Power of Attorney when drafted at the same time as the will.

Why choose DSM Legal Solicitors?

We specialise in no win no fee agreements.

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DSM Legal Establised 2003 acc_apil

DSM Legal - Cheshire

International Business Centre,
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DSM Legal - Wigan (by appointment only)

Unity House,
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All information contained within this website, including fact sheets or template letters, is provided for general information only and is not intended to constitute legal advice. You should contact a solicitor or other legal professional for advice relating to your specific circumstances if you have any questions about any legal matter. DSM Legal accepts no liability for any adverse consequences arising from reliance on this website for legal advice.

DSM Legal Solicitors is regulated by the Solicitors Regulation Authority – number 00346482