Wills – Frequently Asked Questions

Solomons Solicitors

A will is the only legally binding document which allows you to name the people that you would like to look after your affairs, it also sets out who is to benefit from your property and possessions (your estate) after your death. Without a will your wishes will not be respected and your estate will be distributed in accordance with the Law.
It is vitally important to establish a will which reflects your wishes and personal circumstances, especially if you are married, divorced or have children.  Within your will you can state how your assets should be shared and make arrangements to ensure you spouse/partner is looked after.
If your estate is worth less than £250,000 then your spouse gets everything. If your estate is worth more than £250,000 then your spouse would get £250,000 and a life interest in half of anything over this sum if you have children.

If you have no children, your spouse is entitled to the first £450,000 of the estate before the Law intervenes.

Yes it is important that both yourself and your partner make a will, this allows you to name your spouse as the person who will benefit from your property if you die, and in your will you can decide where your property should go if your spouse dies before you.

If you are not married but are cohabiting (living together as an unmarried couple) it is even more crucial that you both make a will. There is no automatic entitlement that your partner will receive any of your money or possessions if you have not made a will.

The best way to update your will is to simply make a new will, and include the fact that all previous versions of your will are cancelled. It is actually a good idea to destroy all the copies of your old will, just to make sure, once you have completed making your new will.
No, this is because the executor of your will is the person you wish to handle your estate (property, money, investments etc) after your death. Therefore, it is impossible for you to act as your own executor for your own will.
You will need two witnesses over the age of 18 to witness your signature and to sign your will.  The spouse of a testator (person making a will) cannot witness a will, nor can beneficiaries of the will (or their spouses).
A will is valid until revoked; you can revoke a will in a number of ways.  The most common way to revoke your will is too make a new one.  If you would like to find out more about revoking a will please call our friendly team on 01202 802807 to find out more.