A will is a legal document which a
testator (the person writing the will) uses to express his or her wishes as to
who will get what after their death. The person who has the knowledge,
expertise and the legal support to write a will for a testator is the one who
we call a will writer.
Will writing companies offer their
services for a specified fee and may provide legal guidance and security for
the will after it is written too. They do so by providing you with a will
writing template in which
you fill your personal details. These services provide you with trained and
experienced will writers through three mediums; by post, face-to-face, or
online.
Will writing specialists and
solicitors are the ones who are experienced will writers with the necessary
experience, knowledge and law support to avoid any challenges or potential
pitfalls in the future. Some will writers provide their services for free,
whereas others will charge a fee.
Choosing a capable will writing
company or a will writing solicitor feels like a big responsibility - afterall,
there's a lot at stake here. So, what kind of questions should you ask a
potential will writer?
This article states four important
questions that a person needs to ask a will writer before getting the process
started;
Q.1. Does a lawyer have to write my will?
The straight forward answer is NO.
A legally binding will does not require the involvement of a lawyer. You can
write it yourself or ask a will writing company or a solicitor to write it for
you. All methods are perfectly legal.
However, in cases where your estate
is of a complicated nature or you have complex family arrangements, then in
those cases, it’s a good idea to consult a lawyer. Better safe than sorry.
Q.2. What must I make sure I put into my will to make it legally valid?
A will doesn’t have to be written
on fancy paper or use a lot of legal jargon but it does need to contain certain
elements and be written in a certain way to guarantee that it is clear and will
be considered legal and valid upon your death:
You must have made the will under your own volition and not under any duress.
You must have been in sound mind when you made it. And it must say how you want
your estate to be shared out when you die and to whom you want your assets to
go.
It must be signed and dated by you in the presence of two witnesses, and then
signed by the two witnesses in your presence. (The witnesses cannot be people
who are going to inherit anything from you, or their spouses or civil
partners.)
Remembering these key points will
ensure your will complies with the law and is considered a legal documentation
of your wishes.
Q.3. Can my will be changed once I make it?
Life is all about embracing the
changes. People come in and out of your life, your assets change, and your
priorities often change too. Rest assured that if you want to change your will
in the near future, it is perfectly possible and appropriate to do so. Your
will should be looked upon periodically to see if your priorities and wishes
are still the same.
Changing a will may become
necessary in certain situations;
●
Marriage
and remarriage which will abrogate any previous will.
●
Divorce.
Unlike marriage, a divorce does not automatically revoke a will so it will need
changing to reflect your change in circumstances and wishes.
●
Increase in
estates and assets etc.
●
The birth
of a child
Q.4. How can I be sure that my intentions will be carried out as I want them to?
When it comes to wills, there are
three roles assigned separately, to ensure your wishes are upheld after your
death. The first one is the Executor who
oversees the statement of your estate, ensuring your wishes are carried out as
per your instructions. The second is the Trustee who takes the role of a
manager of your assets until the time of distribution arrives between the
beneficiaries. Then finally there is a Guardian who is responsible for raising
minor children if there is a need for that.
There may be many other questions
that need to be asked before making a will, specific to your personal
circumstances and concerns. Therefore, make sure you seek guidance if you are
not sure about any aspect of making your will because it's important to get it
right.
While it is true that no one can
take their belongings with them, making a will can at least ensure that those
you love are looked after when you are gone.
