Wills

Making a Will is one of the kindest things you can do for your loved ones. It avoids any confusion or conflict after you’re gone, and you can make sure that the people you care about are provided for.

Do you need to make a Will?

Let's put it this way: think about what happens if you don't make a Will.

If you don’t make a Will, then the laws of intestacy will apply.

That means that your assets will be distributed in a certain order, and you don’t have control over who gets what. These rules tend to favour your surviving spouse or civil partner, if you have one. Your children will also receive a proportion of your estate.

If you don’t have a surviving spouse or civil partner, then other relatives may receive your assets. Your estate can be given to children, parents, siblings, aunts and uncles, and even the Crown.

The problem with relying on the rules of intestacy is that it can lead to uncertainty, and potential conflict between those people you leave behind.

With a Will in place, you can distribute your money and assets in a way that you think is right and fair. It helps your family too, because your wishes are clear, and all they need to do is fulfil those wishes.

When to make a Will

There are certain points in life when it’s a good idea to make or update a Will:

You’re about to have a child
You’ve bought a house
You’re getting married
You’re getting divorced
You’re moving in with a partner and blending your families
You’re becoming a grandparent for the first time
You’re going travelling
You’re about to have an operation

These life events can affect how the rules of intestacy apply to you. So it’s a good idea to get your wishes clearly set out in a Will instead.

Of course, you can make and update a Will at any point in your life. You don’t need to wait for a particular event.

Our expertise

Drafting a Will can be a complex process, and there are a number of technicalities that you need in place to make sure it’s valid and enforceable.

All of our Will-writers are Members of the Society of Trust and Estate Practitioners, which means that we’re recognised as specialists in this area.

We can help you in the following ways:

Drafting a new Will from scratch
Reviewing an existing Will
Preparing a Will which involves trusts
Dealing with overseas assets
Minimising your tax liabilities

Once prepared, we can store your Will free of charge so that your loved ones know exactly where to find it when the time comes.

What’s the process?

The process is slightly different from person to person, and depends on the complexity of your situation. But as a rough guide, we usually follow these steps:

Guided by you, we compile a list of your assets and liabilities.
We discuss your wishes and how you would like to distribute your assets.
Experienced Will-writers prepare a first draft of your Will that is legally compliant and in accordance with your wishes.
We go through it with you to check that you are happy.
You sign your Will in front of two independent witnesses.
We store a copy of your Will at our offices, and we can update it as and when you want to.

Frequently asked questions

Yes. For legal purposes your pets are viewed as your possessions and you can leave your pets to named individuals or to a charity. You can also leave money to go towards your pet’s care if you’d like to.

Actually, nothing happens. 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.

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.

Marriage automatically revokes any Will you have in place, unless your Will is specifically drafted to withstand the marriage.

We can draft your Will so that it is ‘made in contemplation of your marriage’ so that it will still take effect after you get married. This ensures that if something awful were to happen to you immediately after your wedding day, your Will still stands.

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

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

Book a free 15-minute consultation

Please get in touch for a friendly chat with one of our Private Client solicitors.

Let us know what you are needing so that we can start today helping you prepare for your tomorrow.

Awards & Recognitions

We’re recognised by the Legal 500 as a Leading Firm in a number of practice areas. That means that an external, objective body has scrutinised our competency and client reviews, and found us to be one of the top family law practices in the UK.

Our lawyers are members of Resolution, so we are committed to a Code of Practice which promotes a constructive approach to family issues that considers the needs of the whole family.