Making a Will: Q&A

What is a Will?

A Will is a legal document setting out what should happen to your assets after you die.  To be valid, a Will must be executed in accordance with certain legal formalities.  If you make a Will with Ware & Kay, we ensure that these formalities are complied with.

Do I need a Will?

If you have assets at present or you at least expect to acquire assets in the future, the answer is yes.  In any event you should make a Will if you have minor children, to make provision for their future needs.  A carefully drafted Will prepared by one of our legal experts would establish your wishes clearly and minimise the risk of disputes and distress caused to your loved ones following your death.

What happens if I die without making a valid Will?

This is known as dying Intestate. The Intestacy rules do not necessarily ensure that a surviving spouse would be sufficiently provided for and can result in young children having access to wealth before they are financially mature.  The Intestacy rules dictate that spouses and certain blood relatives inherit but the division can be complicated and usually not as expected.  Also, if you have no surviving relatives, your estate passes to the Crown.  If you wish to decide who should inherit your estate (which could include your partner, friends and charities) you would need to make a Will.  

What do I need to consider when making a Will?

The questions you should consider are as follows:

• Who would sort everything out following my death including managing any trusts set up in my Will?
• Who would look after my children?
• Should I make provision for my pets including re-homing them?
• Do I have any specific funeral wishes?
• Who should receive my personal effects?
• Who should inherit the remainder of my estate?
• What happens if any of the intended beneficiaries dies before me?
• Do I need to consider wealth protection? See our article on Wealth Protection here.

What do I do now?

Please contact one of our expert lawyers if you require legal assistance in making a Will: we would be happy to help. Call us on 01904 716000 (York), 01937 583210 (Wetherby) or 01653 692247 (Malton).