Making a Will FAQ

Below are some of the questions we are most frequently asked about Making a Will. Please click on a link to see that question.

Why is it important to make a Will?
What if I do not make a Will?
What are the advantages of making a Will?
What are Executors?
Who can be Executors?
Can I change my Will once I have signed it?
Where do I store my Will after it has been signed?
What happens to my estate after I die?
What if a family member has made a Will and I want to challenge its validity?

Why is it important to make a Will?

Every individual over the age of 18 should have a Will in place. A Will is a record of an individual’s last wishes in relation to their assets and provides instructions on how the estate is to be distributed after they pass away.

It will also allow you to distribute your estate in accordance to your own wishes and therefore giving you an opportunity to provide for your loved ones in your absence.

What if I do not make a Will?

If you die without making a Will, the legal terminology is called dying intestate. This means your estate will be distributed in accordance with the rules of intestacy which may not necessarily be the way you would like to have distributed your estate.

Unmarried partners cannot inherit from your estate if you have not left a Will.

What are the advantages of making a Will?

Apart from having the control of leaving your estate to the people of your choice there are also inheritance tax advantages if you make a tax efficient Will.

What are Executors?

Executors are the people who have the responsibility and legal authority to distribute your estate in accordance with the provisions of your Will.

Who can be Executors?

You can appoint anyone to be your executors as long as they are above the age of 18 . It is however advisable to approach the executor before they are appointed as a lot of work may be involved in administering the estate.

People can leave family, friends and even a firm of Solicitors as Executors.

The advantages of appointing a family member or friend to be an executor are that they will have access to your documents after your death. The advantages of having a firm of solicitors as Executors is that your family and friends may have access to your documents but they may not necessarily have the legal expertise in administering an estate.

At Carlton’s Solicitors we are regularly appointed as executors.

Can I change my Will once I have signed it?

Yes, a will can be changed once it has been signed. If a minor amendment needs to be made to the Will a Codicil can be made to make provision for the new changes if the remainder of the Will does not need changing.

You can also make an entire new Will if there are significant changes to be made.

Where do I store my Will after it has been signed?

At Carlton’s Solicitors we provide a free Will storage facility, subject to terms and conditions.

What happens to my estate after I die?

If you have made a Will, the executors will have to validate the Will by making an application for the Grant of Probate to the local District Probate Registry.

We are experienced in administering Estates. We regularly act for Executors and are also appointed as Executors in Wills.

What if a family member has made a Will and I want to challenge its validity?

In some instances family members may not be happy with the provisions in a Will. They may have reason to believe that the Will was created in circumstances which could potentially invalidate it i.e. if the person making the Will was not of sound mind or was under duress at the time.

At Carlton’s Solicitors we are experienced in challenging the Validity of a Will and regularly act in disputed estates.