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- FREE online will endorsed by leading solicitors when you sign up for our FREE trial OR instruct our conveyancing solicitors for your conveyancing or remortgage
- Complete support in selecting the right will for you ensuring peace of mind and protection for your family
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You can secure a FREE online will, endorsed by leading solicitors, when you sign up for our FREE trial OR instruct our conveyancing solicitors for your conveyancing or remortgage.
Our membership provides you with the following benefits from as little as £24.99 per year or £2.99 per month:
- FREE online will
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- FREE restaurant vouchers
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How do I choose the right will?
Below we have listed each will and who the will is best suited to. Simply click on the box or plus sign to access the description. Review the below options and select the most suitable option which meets your circumstances. If you are still unsure, or need any help or support, please do not hesitate to contact us!
Reference to STEP Standard Provisions
This means the STEP Standard Provisions which provide non-technical clauses and additional useful material to include in a will, avoiding technical terms that could confuse a non-lawyer. The will is no different from the similarly titled non-STEP Standard Provisions document. In our online legal document library, you can select a will which includes STEP Standard Provisions avoiding any technical terms.
Comprehensive will for a married person or civil partner
This will is suitable for anyone who is married or in a civil partnership. It will allow you to make as many gifts of money or specific items as you like. You will be able to leave the remainder of your estate after making gifts (i.e. the residuary estate) to as many persons you would like, either in equal shares or in varying percentages. You can also vary how you would like to leave your residuary estate, make provisions for the care of pets and appoint guardians for your children. (Those with spouses/civil partners domiciled outside the UK should note that the normal tax-free allowances do not apply, and we recommend tax advice is sought in these cases.)
Comprehensive will for an unmarried person
This will is designed for someone who is not married or in a civil partnership, whether or not they have a partner and whether or not they have any children. It will allow you to make as many gifts of money or specific items you would like. You will be able to leave the remainder of your estate after making gifts (i.e. the residuary estate) to as many persons you would like, either in equal shares or in varying percentages. You can also vary how you would like to leave your residuary estate, make provisions for the care of pets and appoint guardians for your children.
What is a Discretionary Trust will?
When making a will in England or Wales you can either use a comprehensive will which leaves things to people outright, or you can leave things to be held in a trust (Discretionary Trust).
A Discretionary Trust will means that you can appoint others (called Trustees) to hold property, or other assets, and manage them on behalf of someone else (the Beneficiary in your Will). You decide who the potential Beneficiaries of this Trust will be, which can include people who are not born yet. Grandchildren, further grandchildren, or children with issues in their life (e.g. addiction) are good examples of situations where the beneficiaries and their circumstances suggest that a Discretionary Trust is preferable. The terms of the Trust empower the Trustees to use their discretion to decide on the Beneficiaries. The Trustees have complete discretion on the matter which is why they are called ‘Discretionary’ Trusts.
A Living will sets out your wishes regarding health care and how you want to be treated if you become seriously ill and unable to make or communicate your own choices. Your wishes can be either that certain treatment should not be provided in specified circumstances (and these wishes can be binding on medical staff), or that you should be treated or cared for in a particular way (these wishes are not binding on medical staff but should be taken into account).
Mirror wills for married couples or civil partners
This creates two wills for either a married couple or for two people in a civil partnership with each other. The wills can be created as Mirror wills or as Mutual wills. Mirror wills are wills made by two people in substantially the same terms. In these wills, the married couple/the civil partners provide for each other on the first death and then say what is to happen in the event of the second death, which is the same in both wills. Mutual wills are Mirror wills, but with one crucial additional feature, which is that Mutual wills are based on an agreement that neither of the people making the Mutual wills may later cancel or change their will without the consent of the other person.
Why is not having a will a problem?
Over 60% of UK adults do not currently have a will*. This has a direct effect on the costs of settling your estate and, most likely, it will not be distributed according to your wishes.
“Dying without a will (or an out of date will) costs on average ‘£9,700’. Research suggests that a combined £175 million in assets is lost each year to bereaved families if a relative dies intestate or with an outdated will**.
If you die without a will, or an out of date will, your estate would then be subject to intestacy laws, meaning those you want to benefit, may not do so. I really wanted to address this situation and provide easy access to an interactive online legal library many solicitors use to draft wills. I want to help members create their own will and have access to our specialist solicitors for advice in the more complicated estates.” Sean Rogers, founder, My Legal Club.
We want to help address this.
Our membership options include FREE trial, a Free will, and a free Lasting Power of Attorney for health and welfare, via our online legal document library.
Points to Note before selecting your will
We would always recommend you instruct one of our specialists and recommended panel solicitors to guide you on which type of will best suits your needs. If you have numerous assets you will need to consider various tax consequences, or if the beneficiaries are under 18 you have other matters to consider, such as whether to use a discretionary trust.
The free will is only available if you complete the will on our online legal document library. If you are a member and you instruct one of our specialist solicitors to draft your will then, although you will receive a discount by virtue of your membership, the will is not free.
The Government offer further advice within their free advice page.
When you need legal advice:
We would recommend you obtain legal advice via one of our panel solicitors if your will is not straightforward, for example:
- you share a property with someone who is not your husband, wife or civil partner
- you want to leave money or property to a dependant who cannot care for themselves
- you have several family members who may make a claim on your will, such as a second spouse or children from another marriage
- your permanent home is outside the UK
- you have property overseas
- you have a business
We’re here & happy to help
Simply click or tap on the below topics to access further information. For anything else you can contact one of the team by emailing email@example.com.
Revoking a will
(You can do this via the My Legal Club online legal document library)
Rather than just destroying the original will it is advisable to revoke the previous living will in writing.
Make your will legal
The Government provide helpful advice on how to make your will legal on this page.
For your will to be legally valid, you must:
- be 18 or over
- make it voluntarily
- be of sound mind
- make it in writing
- sign it in the presence of 2 witnesses who are both over 18
- have it signed by your 2 witnesses, in your presence
- If you make any changes to your will you must follow the same signing and witnessing process.
- Note ** You cannot leave your witnesses (or their married partners) anything in your will.
Keep your will safe
This is important as after your death the Executor(s) may need to present the original version of your will to the Probate Registry
So, what are your options for storing your will in a safe place?
- At Home – Beware any damage that could occur such as fire or flooding. In addition will the relevant people be able to locate it.
- Probate Registry- As at May 2019 this costs £20.00. Further information on how to register your will with the Probate Registry can be found here.
- Solicitor – Many solicitors charge separately for the storage of a will, either as a one-off lifetime fee or on an annual fee. Again, the Executor(s) would need to know where to locate this after your death. If this is the option you prefer why not use one of our recommended specialist solicitors by emailing us at firstname.lastname@example.org
Updating your will
(You can do this via the My Legal Club online legal document library)
The Government provided the following advice in respect of updating your will:
You should review your will every 5 years and after any major change in your life, for example:
- getting separated or divorced
- getting married (this cancels any will you made before)
- having a child
- moving house
- if the executor named in the will dies
Making changes to your will
You cannot amend your will after it’s been signed and witnessed. The only way you can change a will is by making an official alteration called a codicil.
You must sign a codicil and get it witnessed in the same way as witnessing a will.
There’s no limit on how many codicils you can add to a will.
Making a new will
For major changes, you should make a new will.
Your new will should explain that it revokes (officially cancels) all previous wills and codicils.
You should destroy your old will by burning it or tearing it up.
The Government provide helpful information on this. If you have any concerns independent financial advice should be taken from a regulated Tax expert.
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Here at My Legal Club our panel solicitors strive in bringing high-quality service to all our customers with their professional legal services.
You can get in touch with us via the below contact us form, or email email@example.com.