Every day about 2000 people die in the UK and about 65% of them leave their families with the problems of intestacy - this means dying without having a legally valid Will. In many cases death was totally unexpected. Despite precautions such as Insurance and Pensions, many people incorrectly assume that all their possessions will automatically pass on to their husband, wife or other members of the family. Unfortunately, many families often face immediate financial hardship and sometimes they even have to sell the family home - simply because no Will had been written. The law of Intestacy will divide your possessions in accordance with set rules, not necessarily as you may have wished.
Why you should have a will
Your Family?
Will they be provided for - as you would wish or will they face financial difficulties?
Your Home?
Will your spouse or partner have to sell?
Your Possessions?
Will they be given to the right people?
Your Children?
Will they be cared for - as expected and by whom?
Your Business?
Will your family or partners be allowed to continue it?
Inheritance Tax?
Will your estate be affected - do you know how to minimise the tax?
Our services
The Answer
Thousands of people worry because they have not written a Will. But they find it inconvenient to take time off work (with their spouse or partner), to make an appointment between 9am - 5pm on Monday to Friday only. It's never been simpler to put your mind at rest.
Daytime or Evening, I will visit your home (if in Kent) and take your instructions at a time convenient to you. You can take advantage of Willmakers personal service in the privacy of your own home, and relax as we discuss how your wishes can be incorporated into a legally valid Will.
If you do not live in Kent, we can take advantage of modern technology using E-mail. I will E-mail our application form for you to print and then return the completed form to me by post. Your instructions will be quickly converted into your Will using phrases and clauses that make sure your heirs inherit your property according to your wishes. If you need help with the form I am just a phone call away. Because Willmakers specialise in writing Wills and associated documents, we are able to offer a highly efficient service. If you have been meaning to write a Will and never quite got round to it now is the time. Do not put this task off again, make a Resolution to complete your Will.
Still Not Convinced.
Every Adult should make a valid Will, even if you believe you do not have anything to leave. Have you considered what could be involved if you were to die unexpectedly - perhaps in a road accident? If you are living with someone, about to marry, start a family, separate or divorce or if you already have children, a family business or property, then you should really write a Will without delay.
Willmakers provides you with peace of mind.
We will quote you fixed fees for a single Will or mirror Wills. We also quote fixed fees for each of various types of Trusts. Please contact us for current fees.
Over a period of time the contents of your Will are likely to need updating. Codicils are used to make small additions and or deletions to an existing Will. Willmakers can make a codicil to Wills written by anybody.
It is no longer possible to write an Enduring Power of Attorney with effect from 1st October 2007 following the implementation of the Mental Capacity Act 2005. There are 2 types of Lasting Power of Attorney (LPA):- a LPA Property & Affairs replaces an Enduring Power of Attorney (although existing EPAs remain valid); A LPA Personal Welfare replaces but goes much further than an Advance Directive or Living Will.
A Property & Affairs LPA appoints people whom you trust who will be able to deal with your property and financial affairs either when you indicate they should, or if you should become incapable, whether due to old age, illness or from an accident. The powers created are far ranging in that the attorneys are able to deal with most financial matters on your behalf. Nevertheless, many people like to take this step well in advance while they are in a position to appoint the people they would like to act on their behalf should the need arise. This is considerably cheaper than the steps required if action is required after loss of mental capacity.
A Personal Welfare LPA allows your Attorneys to make Health and Welfare decisions for you if you lose the capacity to do this for yourself. This includes giving or refusing consent to treatment.
Any LPA requires that the Donor and the Attorneys sign the document in front of a witness but, in addition, a certificate has to be signed by an independent person (who has to meet certain criteria) and the certificate provider has to discuss the contents of the LPA with the donor and without any Attorney present. Any LPA cannot be used until it has been registered at The Office of the Public Guardian – a procedure that takes about 6 weeks.
Willmakers can provide you with either type of LPA.
Most houses are owned on a Joint Tenancy basis. If one partner dies, the survivor becomes the sole owner. This rules out either partner gifting their share of the property to anyone else (e.g. their children). People often consider giving away a share in the family home either to ensure that children receive their entitlement, in the event of remarriage, or to reduce the ultimate level of Inheritance Tax.
One solution is for the survivor to receive a lifetime interest in the partner's share of the property with the value being maintained and ultimately passing to the children. This is only possible if the property is owned on a Tenants in Common basis. As such, each spouse has their own separate share which can be given away in their Will quite independently of each other. A trust is set up in the Will to protect the spouse.
This provides for:-
- Will Storage at the Society of Will Writers
- Copy Will
- Annual review of your circumstances
- Where necessary the preparation of a new Will or Codicil to record those changes
- Annual notification of any changes in the law that may effect your Will
- Up to one hour's free advice to your executor on matters concerning obtaining Grant of Probate
- Personal Care Service (which includes Will storage - see brochure)
In 1976 the cost of a typical funeral was about £160, in 1994 it was about £1000, in 1997 it was £1200 plus, in 2007 it is £1900 plus, in 2010 £5000? The increase has far outstripped inflation. Will your savings be sufficient to keep pace. Paying for your funeral in advance effectively freezes ever increasing costs. More and more people are finding Peace of Mind via "Pre-Payment".
The Society of Will Writers offers a plan with the following benefits:- Money held under legal trust with a Bank Trust Company, No age limits, No health questions or No hidden extras. Price guarantee: every plan has no further costs. Funeral director of your choice, locally situated.
Funerals are not always easy to talk about, but it takes a burden off your relatives at a time of stress and sadness. Why not think about it and ask for more details.
The service has two sections :
1) Will Storage
Your Wills (and associated documents such as Advance Directives, EPA's and Tenancy Severance deeds) are stored at The Society of Will Writers. This is a "no frills" safe, secure storage facility, with the added benefit of quick and easy deposit and retrieval. Wills can be retrieved at any time either by you and replaced at no further cost.
You will receive a Certificate of Custody, which details not only the Will but also any associated documents lodged with the Custody service. You will also receive for each Will deposited two encapsulated 'Executor' cards, detailing how an Executor may retrieve the documents upon the death of the Testator.
2) The Living Box
This service allows the deposit of property deeds or other non-Will related documents to be held in custody. Apart from house deeds, any paper item, such as letters, photographs or policies can be stored within the personalised box, and upon death the box and contents despatched to any person or address within the UK as stipulated on the registration form.
Require help to carry out an Executorship or Administration? Do you want to appoint a specialist to be your Executor? The SWW Trust Corporation (a company owned by the members of the Society of Will Writers) can take care of everything, either solely or jointly with your preferred Executor. Please ask for details.
Monty Knight-Olds ASWW/MIPW
Registered Office:- 9 Blacksmith Drive, Grove Green Maidstone, Kent. ME14 5SZ. Telephone: 01622 739657 Mobile: 07770 784289
A company registered in England and Wales. Registered number 4488068
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E-mail: wills@willmakersofmaidstone.co.uk