Once you have thought about what you want to do with your possessions, and who you would like to leave them to, what should you do with your completed will?

If your Will cannot be found by those closest to you, you may as well not have written one! Your possessions will be passed down by the Rules of Intestacy, ending up exactly where you had intended they shouldn’t.

It is therefore just as important to consider where your Will should be stored, as the contents.

Do not keep your will in a place where it cannot be found or accessed. A safe or safety deposit box may sound like a great idea, but when you pass away, no one may be able to access either. An executor cannot request access to a safety deposit box without probate, but probate cannot be granted without a Will.

You must ensure that your Will can be accessed by those you trust without the need for probate.

One option is to leave it with the profession who wrote it. Many will include storage in the fee when they write the will, or for a small fee.

The Probate Service will also store your Will after you have lodged it with them. This is done for a flat fee of £20 and you can request the Will to be taken out at any point, but it must be done by yourself.

Most people store their Will within their personal documents. This is obviously free but there is the risk that it is not found or accidentally thrown out with other paperwork. It may also become damaged, which could lead to the Will being declared invalid.

If you do decide to store the Will yourself, make sure that you do not attach anything to it, such as other papers, staples or even paperclips. If there is evidence there has been something attached, it may be decided that part of the Will is missing that may have contained an amendment. It is at this point the validity of the Will may be questioned and contested.

It is also important that you let your executors and a person you trust, know where you are storing your Will, this may save a lot of time and worry when it needs to be found.

Make A Free, No Obligation Enquiry Now

To speak with one of our specialist Wills & Probate Lawyers, please call us now on 0117 952 0698 or Make A Free Will Enquiry and we will discuss your current circumstances with you and explain all available options available to you.

By having a Will you are planning what happens to your possessions when you pass away, and ensuring that all you leave behind those where you wish.

However, if your Will has been done incorrectly and does not meet legal requirements, it could fail and everything you leave behind may end up somewhere you did not wish.

When you write a Will it must meet certain legal criteria for it to be valid:

• It must be in writing; his also includes typed up versions
• It must be signed by the person making the will, known as the testator, in the presence of two witnesses
• The two witnesses must also sign the will in the presence of the testator
• The testator must be over 18
• The testator must be of sound mind

These criteria make up the legal requirements, but there are also other rules that should be followed. If you are leaving a gift to someone they should not witness the signing of the Will, nor should their spouses or civil partners. Although the Will will be legally valid, the gift will be invalid and they will not receive it.

As well as the legal requirements and rules it also needs to be considered that the will must be made voluntarily, otherwise it may be challenged on the basis that it was written under the influence of someone else.

If a Will is found to be invalid, the estate shall be distributed according to the testator’s last valid Will, if there is one, or the Rules of Intestacy if one cannot be found. Under the Rules of Intestacy any spouse or civil partner of the testator Will inherit the entire estate.

If the testator had children, the spouse or civil partner will inherit the first £250,000 as well as all the personal belongings. The remaining estate is halved, with the spouse receiving half and the rest divided equally between the children. If there is no spouse or civil partner the children will inherit the estate equally.

If the testator dies without a spouse, civil partner or children, close relatives will inherit the estate in accordance with the Rules of Intestacy.

It is important that your Will is written so that it meets all the legal requirements as well as ensuring your wishes are respected, as far as legally possible. It is therefore recommended that an expert practitioner drafts a well-structured and thought-out will, that clearly sets out your wishes.

Make A Free, No Obligation Enquiry Now

To speak with one of our specialist Wills & Probate Lawyers, please call us now on 0117 952 0698 or Make A Free Will Enquiry and we will discuss your current circumstances with you and explain all available options available to you.

If you should die without leaving a Will, this is known as dying intestate.

Your estate would pass under the Rules of Intestacy (the Rules) and not necessarily to the people you would like to benefit from your assets. Some people, such as cohabitees and stepchildren, do not inherit anything under the Rules.

The Rules of Intestacy

The Rules state that the first £270,000 will pass to your spouse or civil partner, if you have one, together with all of your personal possessions.

If you also have children, then your spouse or civil partner will receive half of the remainder of your estate, while your children will share the other half equally between them. This could result in your children receiving less than you might have wished them to have.

For example, if you are married with three children and your net estate is worth £390,000, then your spouse will inherit £270,000 plus half of the remaining £120,000, for a total of £330,000. Your three children would share £60,000 which is the other half of the remainder, receiving £20,000 each.

If you do not have a spouse or civil partner, then your children will inherit your estate. If you do not have children, then the Rules state that an estate will pass to other relatives in strict order, as follows:

• Grandchildren
• Parents
• Siblings
• Half siblings
• Grandparents
• Uncles and aunts
• Half aunts and uncles
• The Crown

In the event that you have separated from your spouse or civil partner, they will still inherit if you do not leave a Will.

Once you have divorced or had a civil partnership dissolved, your ex would not inherit from your estate if you have not made a Will.

Bringing a claim against an estate

Those who depend upon you could potentially bring a claim against your estate under the Inheritance (Provision for Family and Dependants) Act 1975. There is a risk that this will deplete your estate, as your personal representative (the person dealing with the administration of your estate) may need to instruct a solicitor to defend the estate against the claim.

There is also a risk that it could result in a family disagreement.

Making a Will

By putting a valid Will in place, you can ensure that your estate will pass to your choice of beneficiary. You can include those who would not otherwise inherit anything, such as partners, stepchildren and close friends.

You can also choose who you would like to administer your affairs after your death and appoint guardians for any children you have who are aged under 18.

Contact us

Putting a Will in place will give you the reassurance of knowing that you have done all you can to protect and provide for your loved ones.

At Elm Legal Services, our Wills and Trusts experts can discuss your situation with you and draw up a bespoke Will on your behalf. We can answer any questions you may have and ensure that your Will directs your assets exactly where you want them to go.

If you would like to speak to one of our specialist Wills and Probate lawyers, call us now on 0117 952 0698 or Contact Us and we will be happy to explain the options available to you without obligation.