Making a Will
No one likes to think about making a will, but it’s important to have arrangements in place to ensure your family is taken care of. Making a will can be quite straightforward and it won’t cost a fortune provided you’re aware of the major pitfalls.
A Helping Hand
A solicitor is not required to make a valid will, you can draw up your own will at home. However, the process is riddled with pitfalls and errors are very easy to make. Solicitors spend more time fixing badly drafted wills and dealing with claims against those wills in the courts than they do drawing up wills. So, unless you’re extremely confident and have extensively researched how to make a valid will, it is advisable that you seek some professional legal assistance. At MDM Solicitors we will answer any questions and guide you through every step of the way. Below are some of the most important aspects of drafting a will.
Choosing Your Executor
Executors are responsible for exercising your estate in accordance with your instructions, after you die. So, it is very important that you chose your executors well. It can be a very demanding role and often involves handling large sums of money so choosing the right person is important. Not everyone will be happy to take on this responsibility. Make sure whoever you chose is aware of the responsibility and is happy to take it on.
If you’re married or in a relationship, you’ll probably choose your spouse or partner as your will’s executor. However, it is important to choose a substitute executor. In the event that both you and your spouse or partner are in an accident, without a substitute executor there will be nobody to execute your will. This is especially important if you and your partner have young children. So, make sure you always appoint a substitute executer, in the event that your will’s executer is unwilling or unable to carry out their duties.
Sign the Document
Once your will is drafted, the hard work is done. However, if you do not sign it in front of two witnesses, it will not be valid and enforceable.
Keep it Safe
Once your will has been correctly signed and witnessed, make sure you store it correctly. There is no point hiding it somewhere that it can’t be found after your death. Do make sure that you store it somewhere that it’s protected from fire, flood, or any other damage. At MDM Solicitors we can safely store your will and keep your mind at ease.
With years of experience drawing up wills, our team can advise you on the best course of action when making your will. In these uncertain times, thinking about the future may be important as ever.
Coronavirus and making wills
Where possible, instructions can be taken over the phone and we will send the draft will to you by e-mail for approval and amendment before any decision is taken in relation to the execution of the will.
We understand some clients may not have e-mail or any internet access or a smartphone and taking instructions and advising over the phone will be time consuming. However, as per the current guidelines, it is not appropriate to take any prolonged instructions in a room with anyone and in particular an elderly person, as it would expose that person to risk of infection.
At MDM Solicitors we have protocol in place, in accordance with HSE Guidelines and advice from the Law Society, to ensure that the health of our Clients and our employees is put first, whilst ensuring that any will drafted and signed will be valid and enforceable.
We look forward to helping you during this difficult time.