Making Your Will: Understanding Macmillan Will Writing Services

Making a will might sound like a big task, but it’s really about sorting out what happens to your things when you’re no longer around. Macmillan offers services to help with this, making it a bit easier to get your affairs in order. We’ll walk through why it’s a good idea and how Macmillan can help you sort out your macmillan will writing.

Key Takeaways

• A will is important to make sure your wishes are followed regarding your assets after you pass away.

• Macmillan provides a Free Wills Service, connecting you with partners who can help you write your will.

• You can choose different ways to write your will, including online, by phone, or face-to-face.

• Key things to include are your assets, who you want to benefit, and who will manage your estate (executors).

• Ensure your will is legally valid by following specific rules, such as having it signed by you and two witnesses.

Understanding Macmillan Will Writing Services

Making a will might seem like something you only need to do when you're much older, but that's not really the case. Having a will in place means you get to decide what happens to your things and who looks after your loved ones when you're gone. Without one, the law decides, and that might not be what you wanted at all. It's about making sure your wishes are followed and that your family is looked after properly. Macmillan offers services to help you get this sorted, making the process less daunting.

Why You Need A Will

If you die without a will, the government's rules decide who gets your money, property, and possessions. This is called dying 'intestate'. It can be a lengthy and complicated process for your family to sort out, and the outcome might not reflect your wishes. A will lets you clearly state who you want to benefit from your estate. You can also name guardians for any children under 18, which is a really important consideration for parents. It’s a way to look after your family and make sure your legacy is passed on as you intend. You can even make gifts to charities you care about, like Macmillan, to support their work.

When To Write Your Will

Honestly, the best time to write a will is as soon as you can. If you have people who depend on you, like a partner or children, it’s particularly important. Marriage also invalidates any previous will you might have made, so you’ll need a new one. Having children, or children from previous relationships, means you should definitely review or create a will to avoid potential disagreements later on. It’s not just for the elderly; it’s for anyone who wants to plan for the future and protect their loved ones.

Updating Your Will

Life changes, and so should your will. If you get married or divorced, your will is automatically invalidated, so you’ll need to make a new one. Having children or grandchildren is another reason to update your will, perhaps to include them as beneficiaries or to name new guardians. Major changes like buying a new property, receiving a large inheritance, or even a significant change in your financial situation might also mean it’s time to review your will. It’s a good idea to check your will every few years or after a major life event to make sure it still reflects your wishes. You can find out more about estate planning and how it relates to your will.

How To Make Your Will With Macmillan

Making your will with Macmillan is designed to be straightforward, offering several ways to get your wishes down on paper. The service partners with professional will writers to help you create a legally sound document.

Choosing A Will Writing Partner

When you decide to use Macmillan's Free Wills Service, you'll be asked to select a will writing partner. This choice is usually based on who is available in your local area. Once you've registered and made your selection, a representative from that partner firm will get in touch, typically within five working days. They'll then guide you through the process of creating your will.

The Free Wills Service Process

The process generally starts with you registering for the service. You'll need to provide some basic details. After that, your chosen partner will contact you to arrange how your will will be created. For simpler wills, this might involve filling out an online form or having a phone or video consultation. For more complex situations, a face-to-face meeting might be arranged, possibly at your home or at the solicitor's office. The partner will take your instructions, draft the will, and then send it to you for signing. It's important to follow their instructions carefully to make sure the will is signed correctly in front of witnesses.

Will Writing Options Available

Macmillan understands that everyone's needs are different, so they offer a few ways to get your will written:

• Online: You can complete your will entirely online, which is often the quickest method for straightforward cases.

• Telephone/Video Call: Speak directly with a will writer via phone or video call to discuss your wishes.

• Postal Pack: If you prefer to work offline, a postal pack can be sent to you.

• Face-to-Face: This can be done either at the will writer's office or, in some cases, through a home visit.

For those with more complex affairs, such as owning property abroad or having intricate family arrangements, the will writing partner will discuss any additional costs that might apply. It's always a good idea to be clear about potential charges upfront.

Remember, getting your will sorted is a significant step in planning for the future. You can find out more about the Free Wills Service and the options available in your area.

What To Include In Your Will

So, you've decided to get your will sorted, which is a really sensible move. But what actually goes into one? It might seem a bit daunting, but breaking it down makes it much more manageable. Think of it as a clear set of instructions for what happens to your stuff and who looks after your loved ones when you're no longer around.

Identifying Your Assets

First things first, you need to list everything you own. This isn't just about the big things like your house or car. You should really think about all your savings, any money in bank accounts, pensions, life insurance policies, investments, and even valuable personal items like jewellery or art. It's helpful to get a rough idea of their value too, though you don't need exact valuations at this stage. Having a clear picture of your assets helps you decide how to distribute them fairly.

Appointing Your Executors

Your executors are the people you trust to carry out your wishes as laid out in your will. They'll be responsible for sorting out your estate, paying any debts or taxes, and distributing your assets to your beneficiaries. It's a big responsibility, so choose wisely! You'll need at least one executor, but it's often a good idea to name two or three. Pick people who are organised, trustworthy, and ideally, not too old or frail. They don't need any special legal knowledge, but they should be confident dealing with official matters. It's also wise to name a backup executor in case your first choices are unable or unwilling to act when the time comes.

Considering Your Beneficiaries

This is where you decide who gets what. You can leave your assets to individuals, charities, or even organisations. Be specific with names and relationships to avoid any confusion. For example, instead of just 'my nephew', say 'my nephew, John Smith, son of my sister, Jane Smith'. Think about whether you want to leave specific items (like a piece of jewellery) or a share of your overall estate. If you're leaving money to a charity, make sure you have their correct name and address. It's also a good idea to think about what happens if one of your beneficiaries dies before you do – you can name an alternative beneficiary in this situation.

Providing For Children

If you have children under 18, this is a really important section of your will. You need to appoint guardians who will look after them if both parents pass away. This is a huge decision, so think carefully about who you'd want to raise your children and have a chat with them first to make sure they're happy to take on the role. You can also set up trusts for your children, which can hold their inheritance until they reach a certain age, like 18, 21, or even older. This can be a good way to manage their inheritance and ensure it's used wisely.

Making a will is about more than just dividing up possessions; it's about providing security and clarity for your loved ones during a difficult time. Taking the time to think through these details now can save a lot of stress and potential disputes later on.

Ensuring Your Will Is Legally Valid

Making sure your will is legally sound is really important. If it's not done correctly, it won't be followed, and that's the last thing you want. It means the law, not you, decides who gets what, and that can take ages to sort out.

Key Requirements For A Valid Will

To be legally binding, a will needs to meet a few specific conditions. Firstly, you must be at least 18 years old when you make it. It also needs to be in writing – no verbal agreements count here. Crucially, you must be of sound mind, meaning you understand you're making a will and who your beneficiaries are. You also can't be pressured into making it; it has to be your own decision.

The Role Of Witnesses

This is a big one. Your will needs to be signed by you, and then two people have to watch you sign it. These witnesses then sign the will themselves. It's really important that these witnesses aren't people who are going to inherit anything from your will, or married to someone who is. If a witness is also a beneficiary, they won't be able to inherit, even if the will itself is still valid. While a date isn't strictly required, it's a good idea to include it.

Common Mistakes To Avoid

People often make mistakes that can invalidate their will. Forgetting to sign it properly or having the wrong people witness it are common slip-ups. Sometimes, people try to change their will by just scribbling a note on it, but these changes need to be signed and witnessed just like the original will. If you get married, it automatically cancels any will you made before that, so you'll need to sort out a new one. It's worth looking at how to make a will to get it right from the start.

When To Seek Professional Advice

While it's possible to write a basic will yourself, there are certain situations where getting professional help is really a good idea. It's not just about ticking boxes; it's about making sure your wishes are clear and legally sound, which can save a lot of hassle for your loved ones down the line. If your situation is a bit more complicated than just leaving everything to your spouse, you might want to think about getting some expert input.

Complex Family Circumstances

Life isn't always straightforward, and families come in all shapes and sizes. If you have children from previous relationships, or if you're sharing a home with someone you're not married to, things can get tricky. Making sure everyone is provided for and that there are no arguments later on is important. A solicitor can help you sort out these kinds of arrangements properly.

Owning Property Abroad

Having property in another country can add another layer of complexity to your will. Different countries have different laws about inheritance and property ownership. It's really worth talking to a professional who understands international law to make sure your foreign assets are handled correctly according to your wishes and the relevant laws.

Considering Trusts And Inheritance Tax

If you're thinking about setting up a trust for your beneficiaries, or if you're concerned about Inheritance Tax (IHT), then professional advice is definitely recommended. Trusts can be a bit complicated, and there are different types with different tax implications. Similarly, if you think your estate might be worth more than the IHT threshold, a financial adviser or solicitor can help you plan ahead to potentially reduce the tax burden on your beneficiaries. You can find a professional matched to your needs through services like Unbiased.

Making a will is a significant step, and while DIY kits exist, they might not cover every eventuality. Professional advice can offer peace of mind that your affairs are in order.

Finding A Solicitor For Your Will

When it comes to making a will, especially if your situation is a bit complicated, getting a solicitor involved can be a really good idea. They're the pros, after all, and can help make sure everything is spot on and legally sound. It's not always the cheapest option, but it can save a lot of hassle and potential problems down the line for your loved ones.

Using The Law Society's Find a Solicitor Tool

One of the easiest ways to find a qualified solicitor is by using the Law Society's 'Find a Solicitor' tool. You can search specifically for specialists in 'Wills, trusts and probates' and it will help you locate someone in your local area. It’s a straightforward way to start your search and get a list of potential professionals to consider. You can also check if a solicitor is properly regulated through this tool, giving you some peace of mind.

Checking Solicitor Regulation

It's really important to make sure that any solicitor you choose is regulated by the Solicitors Regulation Authority (SRA). This means they have to meet certain standards and are accountable for their work. The 'Find a Solicitor' tool mentioned earlier is a great place to check this, so you know you're dealing with a legitimate and qualified professional. Don't skip this step; it's vital for your peace of mind.

Understanding Solicitor Fees

Solicitor fees can vary quite a bit. For a simple will, you might expect to pay anywhere from £100 to £200, but for more complex situations, like if you own property abroad or have intricate family arrangements, the cost can go up significantly, potentially reaching £2,000 or more. It's always best to ask for a clear breakdown of their fees upfront before you agree to anything. This way, there are no nasty surprises later on. You can find a professional perfectly matched to your needs through various services, making the process easier.

Making a will is a significant step, and while DIY kits exist, the potential for errors is high. These mistakes can be costly and difficult to rectify after your passing, potentially affecting how your estate is distributed. A solicitor can help avoid these pitfalls.

If you're looking for legal assistance, the Law Society's directory is a good starting point to locate legal professionals.

Storing And Changing Your Will

Once you've got your will sorted, the next big question is what to do with it. It's no good having a perfectly worded document if no one can find it when the time comes, or if it's not stored safely.

Safeguarding Your Will

Keeping your will secure is really important. You should store it somewhere safe, but also somewhere that your executors can easily find it. Many people choose to keep their original will at home, perhaps in a fireproof safe or a secure box. Others prefer to leave it with their solicitor, or with a specialist will storage company. Some banks also offer a will storage service. The key thing is that the people responsible for carrying out your wishes know exactly where to look. If your will is lost, it can cause a lot of stress and delay for your loved ones.

Making Changes With A Codicil

Life rarely stands still, and your circumstances might change after you've written your will. Perhaps you've had a new addition to the family, got married, or maybe you've decided to change who you want to leave a particular item to. In these situations, you don't necessarily need to write a whole new will. You can make amendments using a 'codicil'. A codicil is essentially a supplement to your existing will, making specific changes without altering the rest of the document. For example, you might want to change an executor or add a new beneficiary. When you sign a codicil, you need to do so in front of two witnesses, just like the original will, though they don't have to be the same people. However, if you're making quite a few changes, or the changes are complicated, it's often better to create a completely new will. This is because a codicil can sometimes lead to confusion if there are too many of them, and a new will effectively cancels out all previous wills and codicils.

Creating A New Will

If your life has taken a significant turn, like getting married or having children, it's often best to create a brand new will. This is because getting married, for instance, automatically invalidates any will you made before the ceremony. Similarly, if you've had children since writing your will, you'll want to make sure they are included. Creating a new will means all previous wills and any codicils are cancelled. It's a clean slate, ensuring your most recent wishes are clearly documented. If you're unsure whether to use a codicil or create a new will, it's always a good idea to speak with a professional. They can help you decide the best course of action based on your specific situation. You can find a solicitor through the Law Society's Find a Solicitor tool to help with this process.

Keeping your will safe and making changes when you need to is really important. It's not as tricky as it sounds! We can help you understand how to store your will properly and what steps to take if you want to update it. For easy-to-follow advice and to get started, visit our website today.

Making Your Will: A Final Thought

So, there you have it. Making a will might seem like a big task, but it’s really about making sure your loved ones are looked after and your wishes are followed. Macmillan's Free Wills Service, along with their partners, makes it pretty straightforward, whether you prefer talking things through face-to-face, over the phone, or even online. It’s a sensible step to take, giving you peace of mind that everything’s sorted. Don't put it off – getting your will sorted is a really positive thing to do for the future.

Frequently Asked Questions

When is the best time to write a will?

It's a good idea to write a will as soon as possible, especially if you have people who depend on you, like a partner or children. Life can change quickly, so having an up-to-date will ensures your wishes are followed.

Why do I need a will?

If you pass away without a will, the law decides who gets your belongings, which might not be what you wanted. A will lets you choose exactly who receives your assets and who looks after your children if they are under 18.

Do I need a solicitor to write my will?

You can make a will yourself, but it's easy to make mistakes that can be costly to fix later. Using a solicitor helps make sure your will is legally correct and covers everything you want.

When should I update my will?

You should update your will if you get married, have children, or if your family situation changes, like getting divorced or having children from different relationships. These changes can make an old will invalid.

How do I make sure my will is legally valid?

To make sure your will is valid, it must be written down, signed by you, and witnessed by two people who aren't inheriting anything. You also need to be over 18 and understand what you're signing.

Where should I keep my will?

You can store your will safely at home, with your solicitor, or with a professional storage company. It's important to let someone you trust know where it is, so they can find it when needed.