FAQs

1. What happens to my estate if I do not make a Will?

   Your estate will pass as per the laws of intestacy. If you would like to see who will inherit your estate if you die without leaving a Will, we recommend using the GOV website questionnaire to calculate this or read our blog article here.

   It is important to note that even if you have a spouse or civil partner, they will not simply inherit all of your estate. A spouse or civil partner is entitled to up to £322,000.00 and any personal possessions and chattels you own. Any funds over £322,000.00 will be distributed 50% to your spouse and 50% to your children, grandchildren or great-grandchildren dependent on who survives you.

   A Will provides clarity for how you wish your estate to distributed and administering your estate under intestacy may be more complex, time-consuming and costly for your loved ones.

2. What is the process for making a Will?

   You will have an initial telephone, face to face or Zoom appointment with one of our lawyers, who will discuss your financial circumstances and your wishes for your Will.

   Following the initial meeting, your lawyer will then prepare a draft Will for your approval, and will discuss the draft Will with you to ensure you understand the contents.

   Once you are happy with the draft Will, your lawyer will then arrange to meet with you to sign the Will, or send the Will to you by post along with instructions for ensuring the Will is executed correctly.

   We will then store the original Will for you, and provide you with a copy of the Will for your records.

3. What do I need to think about before making a Will?

   Before your initial meeting, it is helpful if you consider the following:

   • If you have children under the age of eighteen, who would you like to look after your children in the instance of both parents passing away?
   • Who do you wish to appoint as an executor? This should be someone you trust to administer your estate after you pass away. You can appoint up to four people, and we would recommend appointing at least one replacement in the instance that your initial executor(s) should die before you or be unable to act.
4. Will my estate have to pay Inheritance Tax when I die?

   Every individual has a residence nil-rate band of £325,000.00, which means £325,000.00 of your estate is not subject to Inheritance Tax. Inheritance Tax is charged at 40%.

   There is also no Inheritance Tax payable on first death when the entire estate passes to a surviving spouse or civil partner. On first death of the spouse, if the residence nil-rate band was not used this can be transferred on second death. With the transferable nil-rate band, the estate on second death will have an allowance of £650,000.00 which is not subject to Inheritance Tax.

   You may also be able to claim an additional £175,000.00 residence nil-rate band on your property if your property passes to direct decedents and satisfies further requirements. This is also transferable on second death between spouses, which will give the estate of the spouse on second death a further £350,000.00.

   If you are able to claim the nil-rate band, residence nil-rate band and transfer these from the spouse who died first, your estate will not be subject to Inheritance Tax up to £1,000,000.00.

   If you have business or agricultural assets, you may be able to claim Business Property Relief or Agricultural Property Relief on these assets.

   If you leave money to charities, you can also claim a Chairty Exemption which can reduce your Inheritance Tax from 40% to 36%.

   Inheritance Tax can be a complicated issue, and for peace of mind we highly recommend speaking to one of our lawyers who will be able to provide you with confirmation of the amount of Inheritance Tax that will be payable by your estate.

5. Can I stop someone from making a claim against my estate?

   You cannot stop someone from making a claim against your estate. However, if there is someone who you wish to exclude form your estate, you can take steps to minimize their claim.

   A person is able to make a claim under the Inheritance (Provision for Family and Dependents) Act if:

   • They are your spouse or civil partner;
   • They are your previous spouse or civil partner and have not remarried;
   • A person who, for the two years before your death, was living with you as if they were a spouse or civil partner;
   • Your child;
   • Someone whom you treat as if they are your child;
   • Any person who you were maintaining immediately before your death.

   When making your Will, you can expressly state that you have excluded a particular person on purpose and prepare a corresponding letter which states the reasons why you have made the decision to exclude this person. This will not stop the person making a claim, but may help protect your estate if the claim is made.

   If there is someone who you believe is likely to make a claim against your estate, let one of our lawyers know and they will be able to advise you on this.