Will Instruction Guide
The Will Instruction Form should be fairly easy to complete, but these notes may be of some help.
This information is important as any previous will needs to be revoked. If you have made a will previously then sending a photocopy to us would be helpful but is not necessary. Even if you have made no previous wills a revocation clause will be inserted in your will as a precaution.
This information is needed to gauge the size of your estate. Your estate is everything you own at the date of your death. The figures do not have to be exact. You can leave up to £325,000 in your Estate before Inheritance Tax has to be paid at 40% on the excess above that. Where a spouse has died leaving everything to a surviving spouse, the amount left on the death of the surviving spouse before Inheritance Tax is paid could be £650,000.
If you are married/in a civil partnership (or divorced/dissolved and still supporting your spouse/civil partner) and you have children, then information on them is important, especially if you are not leaving them anything. If you have children then you can appoint a Guardian to exercise your parental rights after your death.
These are the people that administer your Estate after your death and see that the terms of your will are carried out. In over 9 out of 10 cases Executors employ solicitors to administer and wind up an estate for them. Anybody over the age of 18 can be an Executor but it makes sense to appoint a UK resident and someone not that much older than you. You can have any number between one and four Executors but in most cases one will do. You may wish to appoint a substitute to act if your chosen Executor dies before or at the same time as you.
If you are spouses/civil partners or just long term partners leaving everything or nearly everything to each other it is sensible to appoint each other. McGlennons Solicitors can act as your executors if you wish.
These are also called legacies or bequests and can be of anything in your Estate. However, please describe the object or the sum of money precisely. For instance, it is no good leaving someone your gold watch if when you die you have five slightly differing gold watches. It will not be known which one you mean and a dispute can arise.
There has to be a sweeping up clause to catch everything not otherwise given away in your will. Indeed you may not have made any gifts at all and your residuary estate may all be going to one person or a charity. You can leave your residue between several people either equally or on specified proportions. Again, as with Executors, if you are leaving all your residue to one person it is better to name a substitute to receive the residue if the first named person predeceases you.
These are not strictly necessary but your will is a convenient place to state your wishes – especially if there could be a dispute between a partner and the deceased’s family. You can simply say you wish to be buried or cremated or you can give more extensive instructions.
To help try and prevent any claims against your estate it is important to know if you financially support or are morally obliged to anyone (such as spouses, civil partners, lovers and children) not provided for in the will.
Other Relevant Information
The will form covers nearly everything a solicitor will need to know to prepare your will. However, if you have very special personal circumstances you think may be important please state them in the space provided.
If you have any difficulty please do not hesitate to telephone when help can be given. When you have completed the form please return it to the address overleaf.