How to write a Will Blog » Mark

Can I write a Will myself or use a DIY paper Will kit instead of using an online provider?

Mark — Tue, 01 Jun 2010 09:28:34 +0000

You can do this however you will find that online Will providers often provide you with step by step instructions throughout the Will making process. Wills do need updating from time to time and most online Will services allow you to amend your Will online, where as you will require a new kit if you took the DIY route.

Are online Wills legally binding?

Mark — Fri, 14 May 2010 14:16:10 +0000

An online Will is legally binding, only, when it is properly signed and dated by the Will maker. The Will has to be signed by the maker of the Will in the presence of two independent witnesses. Neither a witness, nor their spouse can benefit from the Will.

Do you need to appoint Guardians?

Mark — Mon, 04 Jan 2010 15:59:58 +0000

If you have children under the age of 18 then you should appoint guardians. Your Will is the only place that you can nominate guardians for your children so it is very important to do so. If you do not appoint guardians when making a Will and the Will is called upon whilst your children are still under 18 years of age then matters can become very complex.

If you should die without a Will and fail to designate any guardians, the courts will decide upon who takes care of your children. The decision that is made by the courts may not be as you had wished, so be sure to appoint guardians when making your Will.

Are step children included when leaving the residue of my estate to ‘my children’?

Mark — Fri, 27 Nov 2009 09:25:53 +0000

When writing your Will, if you leave the residue of your estate to your children your step children will not be provided for. The reason for this is because step children do not come into the definition of children for the purposes of writing a Will. However, if you do have step children you can specify that they receive the residue of your estate.

Question of the Week

Mark — Fri, 20 Nov 2009 10:26:59 +0000

This weeks question is:

Have you used an online Will wrting service to make your Will and if so how did you find the service in terms of cost, support and general satisfaction?

Is it ok to use a Will writing website rather than go to a “High Street” solicitor?

Mark — Tue, 17 Nov 2009 09:46:34 +0000

This is a common question and rightfully so as more and more Will writing websites appear online and more and more people turn to the internet for convenience. Not only is a Will writing website convenient but in most cases it is also cheaper than visiting a solicitor or Will drafter. What i would say is that when making a Will online it is worth checking that the website you are using have their Wills underwritten by a firm of solicitors. Also, ensure that the website offers Wills under your constituent law. For example:

If you reside in Scotland with assets in Scotland you must make a scottish Will
If you reside in England or Wales you can only use Will writing websites that offer Wills under english and welsh law.

Can a bankrupt be an Executor?

Mark — Thu, 12 Nov 2009 10:55:18 +0000

While on the subject of executors i just thought i’d answer this question as best as possible. This seems to crop up quite a lot so here we go…

There is nothing which states that an undischarged bankrupt cannot be appointed as an executor.

In reality it is probably not a good idea though as a bankrupt cannot open a bank account and cannot hold freehold or leasehold property.

Who can be an Executor?

Mark — Thu, 12 Nov 2009 10:41:01 +0000

Many people are unsure as to who can act as an executor and how many executors you may need or is advisable to have.

You will need a minimum of 1 and a maximum of 4 executors. An executor can be your spouse or partner, and for a couple who are looking to make a Mirror Will it is advisable that you appoint one another as the first executor as it makes things a little easier on the death of the first partner.

Beneficiaries of the Will such as children can also be executors and can be a very wise selection as they are in an ideal position to carry out the wishes contained in the Will. If there is not a partner or child willing to act then the next suitable person would be a relative, sibling or trusted friend. It is advisable that you check with these people before naming them in your Will to see if they are willing to act. If so then you will need explain what is required of an executor as most are unaware of the role and responsibilities imposed.

If you are in a situation where you have nobody else to act then you can instruct your solicitor to be the executor.

Question of the Week

Mark — Wed, 11 Nov 2009 09:43:28 +0000

Each and every week i will be posting a ‘question of the week’. This week’s question is:

Have you carried out the role of executor and if so how did you find the responsibilities involved?

What is an Executor?

Mark — Tue, 10 Nov 2009 10:43:58 +0000

An executor is someone who is appointed by a testator (someone that is making a Will) to carry out the terms contained within a Will. An executor is appointed because he or she is trusted by the testator and is responsible for collecting in the assets of the estate, paying any debts, paying any inheritance tax and then distributing what is left to the beneficiaries named in the Will.