I get asked lots of questions from clients. Here are some of the more regular ones that arise - click on a question for the answer below.

• Who are The Society of Will Writers?
• Why should I make a Will?
• Who should I appoint as my Executors?
• Can my executors be a beneficiary?
• Can my executors also be guardians?
• Do I need to list everything that I own in my estate?
• Do gifts and legacies have to be under a certain value?
• Can I leave a gift to a charity?
• What would happen if the person I’ve left a legacy to, dies before I do?
• What is the residue?
• Can I make provision in my Will for any funeral requests or medical donation?
• Am I able to cancel my Will?
• What should I do with my Will?
• What happens if our circumstances change?
• Do I need to change my will if my executors change address?
• What happens to assets that I own jointly with my spouse/partner?
• Why is the wording in a Will so complicated?
• Do I need to use a solicitor to Make a Will?
• What's Tenants in Common?
• What is a Lasting Power of Attorney?

Who are The Society of Will Writers?
The Society is the UK’s main regulatory body for independent Will writers. As well as ensuring continual training and development the Society also ensures that its members retain Professional Indemnity Insurance.
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Why should I make a Will?
Making a Will is the only way to ensure that your money and possessions are left to the persons you have chosen. Also a will is the only place where you can appoint executors for your minor children.
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Who should I appoint as my Executors?
Executors are the people appointed by a will to carry out the instruction of the will. You can appoint up to a maximum of 4 executors, it is always advisable to appoint reserve executors. If a professional executor (bank, solicitor or trust corporation) are appointed they will charge for their service.
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Can my executors be a beneficiary?
Yes.
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Can my executors also be guardians?
Yes.
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Do I need to list everything that I own in my estate?
No, but if you wish to leave specific objects or gifts of money to certain people these need to be mentioned. Anything else not listed is dealt with in the residue of estate.
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Do gifts and legacies have to be under a certain value?
No. A gift can be of any value.
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Can I leave a gift to a charity?
Yes, but you need to give the full name, address and registered number of that charity.
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What would happen if the person I’ve left a legacy to, dies before I do?
Normally the gift would go back in to the estate unless a substitute beneficiary is named.
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What is the residue?
The residue is everything that remains after specific gifts are paid and after payment of all debts, taxes and expenses. There is no need to itemise the residue it can simply be left in percentage shares if it is being left to more than one person.
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Can I make provision in my Will for any funeral requests or medical donation?
Yes. You can state if you wish to buried or cremated and include any other specific requests. It is important to inform executors if you have any specific requests incase the will is not seen until after your funeral. Remember they are only wishes and the clause is not binding.
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Am I able to cancel my Will?
You can always cancel your Will by either destroying the original or by making a new Will.
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What should I do with my Will?
We offer clients a safe storage facility. It is very important that executors know where the will is when required.
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What happens if our circumstances change?
Clients should review their wills every three to five years. Remember, if you take advantage of our storage service your Will can normally be updated without any additional charge.
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Do I need to change my will if my executors change address?
No.
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What happens to assets that I own jointly with my spouse/partner?
These assets pass outside of your will and automatically pass to the survivor.
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Why is the wording in a Will so complicated?
It is argued that key clauses are ‘tried and tested in a court of law’. We use modern text to produce easily understood Wills. Plus you can receive a summary to explain the content of your Will in plain English if required.
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Do I need to use a solicitor to Make a Will?
No. To be legally valid a Will does not have to have been written by a Solicitor. Provided it is correctly worded, who actually wrote your Will is irrelevant. Furthermore, to be legally binding a Will does not have to be witnessed by a Solicitor either; it can be witnessed by any two competent people who are not beneficiaries or directly related to a beneficiary.
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What's Tenants in Common?
This is a way of 2 to 4 people owning a house, so they can each control their share of the house in their Will. If you own a house Jointly, it automatically passes to the surviving owner when you die, it is not controlled by your Will. If you own the property as Tenants in Common you can leave your share to who ever you want.
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What is a Lasting Power of Attorney?
A Lasting Power of Attorney should be considered by everyone over the age of 40. It is a document that sets out your wishes in the event you cannot carry them out yourself. Unlike a General Power of Attorney this document will be valid should you lose mental capacity and will enable your appointed attorney to carry out all of your wishes from financial & property matters to personal welfare. A Lasting Power of Attorney can be drafted and kept until such time as it is needed. Your Lasting Power of Attorney must be registered with the Office of the Public Guardian before it can be used.
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