Will Writing

A will is a legal document that outlines how you want your assets distributed after your death. It provides clear instructions on the distribution of your property, names guardians for minor children, and can even specify your wishes for funeral arrangements. Having a will is crucial because it ensures your wishes are honored, minimises conflicts among survivors, and can expedite the probate process, saving your loved ones time and money. By setting forth your intentions, a will offers peace of mind, knowing your legacy is protected and your loved ones are cared for according to your wishes

Writing a will involves several key steps to ensure it is legally valid and reflects your wishes accurately. Here’s a simplified guide:

1. List Your Assets: Identify all your assets, including real estate, bank accounts, investments, and personal property.
2. Choose Your Beneficiaries: Decide who will inherit your assets. This can include family members, friends, and charitable organisations.
3. Appoint an Executor: Select a trustworthy individual who will be responsible for carrying out your will’s instructions.
4. Name Guardians for Minor Children: If you have minor children, appoint guardians to care for them.
5. Draft the Will: Clearly outline your instructions regarding asset distribution, guardianship, and any specific bequests.
6. Sign the Will: Ensure your will is signed in the presence of witnesses as required by state law.
7. Store the Will Safely: Keep your will in a safe place and inform your executor of its location.

Our team of experienced solicitors can help you ensure your will complies with state laws and covers all necessary aspects.

If you die without a will (intestate), state laws will determine how your assets are distributed, which may not align with your wishes. Typically, your estate will be divided among your closest relatives, such as your spouse and children. However, this can lead to unintended consequences, such as estranged relatives inheriting your property or disputes among family members. Additionally, the probate process can become more complex and time-consuming, increasing legal costs and causing delays. By having a will, you can control who inherits your assets, reduce potential conflicts, and ensure a smoother transition for your loved ones.

It’s advisable to review and update your will every three to five years or after significant life events, such as marriage, divorce, the birth of a child, or acquiring new assets.

A will takes effect after your death and outlines your wishes for asset distribution and guardianship. A living trust, on the other hand, takes effect immediately upon creation and can manage your assets during your lifetime and after your death, often avoiding the probate process.

To ensure your will is legally binding, it must be written, signed by you and witnessed by at least two individuals who are not beneficiaries. Our solicitors will help you ensure it complies with your state’s specific legal requirements..