Wills

Distributing your estate

Making a Will is the only way of ensuring that after you pass away your estate is distributed as you wish it to be. If you pass without creating a Will, your estate fall under the rules of Intestacy.

In addition, if you have young children it is essential that you make a Will to set out who should look after your children if the unthinkable happens before they are 18 and you are no longer around to look after them.

When preparing your Will, we will discuss all of the options available to you. By the end of the process, we will provide you with a Will that is specifically tailored to your particular needs and requirements.

Options available for all

Our team of specialist Will writing lawyers have experience in drafting a whole range of Wills, including:

• A single Will for an individual.
• Mirror Wills, where a couple make Wills that are broadly similar, for example, leaving the majority of the estate to the surviving partner and, thereafter, to their children in equal shares.
• Wills for so-called “blended” families, where there is a combination of provision for a new partner, but also protected provision for children from a previous relationship.
• Wills containing Trusts, either creating fixed interests for specified beneficiaries or being discretionary for a group of potential beneficiaries.
• Complex Wills for people with complicated asset and financial circumstances.

If you need a Will prepared in a hurry, for example, because you are going travelling or about to undergo an operation and wish to put your arrangements in place first, then please contact us about our Will writing services and we will do all we can to assist you.

Common Will Writing Questions

If you're thinking of creating a will but still have unanswered questions, our legal team have put together frequently asked will writing questions to help put your mind at ease.

Can I use my Will to take care of my pet?

Absolutely, for legal purposes your pets are viewed as your possessions and therefore you can leave your pets to named individuals or a charity. If you want to leave money to go towards your pet’s care and maintenance then this can be discussed in detail with your solicitor.

What happens to a Will when a civil partnership is converted to a marriage?

Nothing, the marriage is deemed to have existed at the point when the civil partnership was formed. Any Wills made after the civil partnership will still be valid despite the subsequent marriage.

I am due to become a parent/grandparent, can I leave assets to my unborn child/ grandchild?

Yes, you can! Your Solicitor can draft your Will to deal with any future-born children or grandchildren that might be born after the date of your Will but before the date of your death.

At K J Smith we can discuss your circumstances with you to ensure you are leaving your Estate in the most tax efficient manner.

Can my partner and I make Wills to sign right after our marriage/civil partnership?

You can however it is much safer to have a Will prepared prior to your wedding day, which is made in contemplation of your marriage. This is because marriage automatically revokes any Will you have in place, unless your Will is specifically drafted to withstand the marriage.

At K J Smith we can draft your Will so that it is ‘made in contemplation of your marriage’ and therefore still take effect after it. This ensures that if something awful were to happen to either of you immediately after your wedding that your Will still stands.

Who can be a witness to a Will?

Witnessing a Will is a hugely important part of a Will process, and unless it is done correctly it can invalidate your Will. For this reason at K J Smith we always prefer to act as your witness to ensure that your Will is correctly executed.

A Will requires two witnesses. Each witness should be an independent person who is over 18 years. You should use someone completely unconnected to your Will, such as a neighbour or family friend, who are not referred to in the Will.

Why you should consider a Lasting Power of Attorney

Putting in place a Lasting Power of Attorney is an opportunity for you to assign someone who you trust and know very well to be in charge of your finances, medication, living arrangements and more. There are two types of Lasting Power of Attorney which involve different aspects of your life.

If you would like to find out more about Powers of Attorney, please find further details on our Lasting Power of Attorney service page, which explains each type of Power of Attorney and how you can get in touch with our expert Solicitors and receive a free initial 15 minute telephone appointment.

A team you can trust

We offer a free initial 15 minute telephone appointment to give you the opportunity to speak to us about our Will writing services, before deciding if you wish to proceed in instructing us to act on your behalf.

Please contact K J Smith Solicitors on 01491 630000 (Henley on Thames Head Office), 0118 418 1000 (Reading), 01256 584000 (Basingstoke), 01483 370100 (Guildford), 01494 629000 (Beaconsfield), 01344 513000 (Ascot), 01635 785 100 (Newbury), 01962 587900 (Winchester), 023 8200 2111 (Southampton), 01727 295 555 (St Albans) or email info@kjsmith.co.uk.

We also serve a wide range of other areas including Abingdon, Bracknell, Gerrards Cross, Maidenhead, Marlow, Oxford, Slough, Wokingham, Pangbourne, and High Wycombe.