Will Writing Services

By making a will you can decide what happens to your property and possessions after your death. Although you do not have to make one by law, it is the best way to make sure your estate is passed on to family and friends exactly as you wish. If you die without a will, your assets may be distributed according to the law rather than your wishes. Here at Thomas Anthony we offer a will writing service for our clients.

Why It's Important To Make A Will

A will sets out who is to benefit from your property and possessions (your estate) after your death. There are many good reasons to make a will:

- you can decide how your assets are shared. If you do not have a will the law says who gets what and your estate will be distributed using the Rules of Intestacy.
- If you are an unmarried couple (whether or not it's the same sex relationship), you can make sure your partner is provided for.
- if you are divorced, you can decide whether to leave anything to your former partner.
- you can make sure you don't pay more Inheritance Tax than necessary.

What Should Be Included In Your Will

Before you write your will it's a good idea to think about what you want included in it. You should consider:

- how much money and what property and possessions you have
- who you want to benefit from your will and at what age they should benefit
- who will act as trustees of your estate until those intended to benefit are legally able to do so
- who should look after any children under 18 years of age
- who is going to sort out your estate and carry out your wishes after your death - that is your executor

Who Inherits If You Don't Have A Will

If you do not have a will there are rules for deciding who inherits your assets, depending on your personal circumstances. The Rules of England and Wales are currently as follows:

If you have a spouse or civil partner and children:
- the spouse/civil partner gets the first £250,000 (all if the total estate is worth less than this) plus a life interest in
half the excess plus personal chattels;
- the children inherit half the excess over £250,000 immediately and the remainder on the spouse's / civil partner's
death.

If you have a spouse or civil partner, but no children:
- the spouse / civil partner gets the first £450,000 plus half the balance plus personal chattels;
- after the first £450,000 is taken by the spouse / civil partner, the rest is shared between parents, if they are still
alive. If not, it goes to surviving brothers and sisters and, if none survive, nephews and nieces;
- if there are no living parents, brothers, sisters, nephews or nieces, the spouse / civil partner gets the whole estate.

If you have children, but no spouse or civil partner:
- the children inherit everything in equal shares.

If you have no spouse, civil partner or children:
- the estate is shared by the parents, if they are still alive. If not, it goes to the closest living relatives in the order:
brothers and sisters, nephews and nieces, grandparents, uncles and aunts, cousins.

If you have no living relatives:
- the whole estate goes to the crown.