Wills Solicitors

Making a Will is often seen as something you should do later in life. It is actually a very important part of Lifetime Planning for all of us.

Our clients range from young professionals, business owners including those with agricultural interests, to the recently retired professional as well as the elderly.

Why should I make a will?

• A Will gives you peace of mind ensuring that your wishes will be carried out.
• Without a Will the distribution of your assets is governed by the law and they may not automatically pass to your spouse, children or other family members as you wish.
• A Will can make provision for modern day family dynamics, such as unmarried couples, second marriages, step children and step grandchildren, which are not automatically included by the law.
• If there has been a change in your personal circumstances, e.g. marriage, divorce, birth of children or grandchildren - if you made a Will before you were married it may no longer be valid.
• Your Will can appoint guardians to look after any children under the age of 18.
• Using your Will you can record your wishes for items of sentimental value, family pets and other possessions that are close to your heart.
• A Will can allow you to gift money to any charities or other organisations that you may support.
• To avoid costly disputes for your loved ones.

What else should I consider?

• Make it early in life and review it often. JCP will review your Will for free every 3 years.
• Who will be your executors? JCP are happy to provide this service.
• Where will your Will be stored? JCP offer free and secure Will storage for all of our clients.

Wills for cohabiting / unmarried couples

If you are in a relationship and cohabiting but are not married or in a civil partnership, there are many things to consider when making a Will, especially with children on one or both sides. One matter which is of particular importance is the consideration of inheritance tax implications, and more particularly the availability of the Residence Nil Rate Band (RNRB).

The RNRB is a relief (£175,000 per person), which may be available in addition to the Nil Rate Band for Inheritance Tax when a main residence or share of such residence is left to a lineal descendent (child, step-child, grandchild etc).

Great care should be taken when drafting Wills to consider which options might be available to ensure the RNRB is not lost by the inclusion of rights in the property in favour of third parties who are not lineal descendants.

Proper advice should always be taken to ensure this relief is not prejudiced by the terms of a Will, and any Wills made prior to this relief being introduced in 2017 should be reviewed in light of this relief.