Wills & Powers of Attorney

In many situations, people make assumptions about how their estate will be distributed on their death and therefore don’t make a Will. We strongly advise against this as the ‘Intestacy Rules’ that come into play, in the event no will has been prepared, are very strict.

Having a Will is a good way of protecting children. Should the parents die prior to their eighteenth birthday, this is their opportunity to appoint a Guardian’ to take care of their child(ren).

Making a Will is also particularly important if you are in a relationship, living together or if you have remarried and there are biological and/or stepchildren who should benefit from your estate. They won’t necessarily benefit under ‘Intestacy’ so you will need to make provisions for this.

If you should be separating from your partner or spouse, you should review any existing Will, or make a new Will, particularly if there are children involved. Divorce does not revoke a Will. The Will remains valid but no gifts to your former spouse take effect.

Creating a Will yourself or through an online provider might look like a favourable option in terms of costs, however we’d strongly advise against this.

Having a solicitor to draw up your Will means it is very flexible in terms of the Executors that are chosen, they are prepared in accordance with what you want, and then stored safely and securely.

Lastly, and perhaps most importantly, the accuracy of the Will can be guaranteed. It is easy to make ambiguous statements or even errors when constructing your own Will, which could lead to stress for a grieving family and even huge expense in correcting upon your death.

It is important to keep your Will updated to ensure it continues to reflect your circumstances. Any changes in your personal circumstances should trigger the review of your Will.

At Goughs Solicitors, we’re happy to look at your personal circumstances to ensure your Will is still reflecting your wishes.

It’s a common misconception that Lasting Powers of Attorney are for the elderly but mental incapacity can affect anyone, regardless of age.  Unfortunately, no one knows what the future holds and anyone can have an accident or be struck down by an illness and in this respect a Lasting Power of Attorney is just as essential as having a Will in place. 

By making a Lasting Power of Attorney you can have peace of mind that in the future all of your affairs will be dealt with by your chosen, trusted Attorney.