Will - MLP Law

Wills

Making a Will

A Will is a legal document that sets out your wishes and expressions regarding the distribution of your property and estate should you pass away.

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    A Will can provide protection over your assets, appoint people you trust to take care of any minor children, and distribute your estate to your loved ones or chosen charities. If you die without making a Will, your estate will pass under the intestacy rules, which may mean your estate will pass to people against your wishes.

    Request a consultation with one of our experienced lawyers to discuss how we can help you make a Will to ensure your assets are protected for your loved ones

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    Our team has the knowledge and skills to advise you on a variety of Wills, from straightforward Wills to more complex Wills containing trusts and protecting business interests.

    Our services include:

    • Inheritance Tax Advice to mitigate the Inheritance Tax implications for future generations
    • Property trusts
    • Business property trusts
    • Agricultural property trusts
    • Charitable trusts
    • Trusts to protect assets for vulnerable beneficiaries
    • Excluding estranged family members from inheriting from your estate and potentially protecting your estate from any future claims

    Our Approach

    Choosing our lawyers to draft your will ensures a meticulous and personalised approach to one of life’s most
    important documents.

    Our lawyers can provide personalised solutions tailored to your specific situation, taking into account the nature of your assets, your family dynamics, and your wishes for the future.

    Testimonial

    “Doris Raggatt was very professional and friendly
    to deal with, asked me questions which I wouldn’t
    of thought about which improved the quality and
    content of my Will. Excellent service, quick and
    would use for any of my legal matters.”

    Christopher

    FAQs

    1. What happens to my estate if I do not make a Will?

      Your estate will pass as per the laws of intestacy. If you would like to see who will inherit your estate if you die without leaving a Will, we recommend using the GOV website questionnaire to calculate this or read our blog article here.

      It is important to note that even if you have a spouse or civil partner, they will not simply inherit all of your estate. A spouse or civil partner is entitled to up to £322,000.00 and any personal possessions and chattels you own. Any funds over £322,000.00 will be distributed 50% to your spouse and 50% to your children, grandchildren or great-grandchildren dependent on who survives you.

      A Will provides clarity for how you wish your estate to distributed and administering your estate under intestacy may be more complex, time-consuming and costly for your loved ones.

    2. What is the process for making a Will?

      You will have an initial telephone, face to face or Zoom appointment with one of our lawyers, who will discuss your financial circumstances and your wishes for your Will.

      Following the initial meeting, your lawyer will then prepare a draft Will for your approval, and will discuss the draft Will with you to ensure you understand the contents.

      Once you are happy with the draft Will, your lawyer will then arrange to meet with you to sign the Will, or send the Will to you by post along with instructions for ensuring the Will is executed correctly.

      We will then store the original Will for you, and provide you with a copy of the Will for your records.

    3. What do I need to think about before making a Will?

      Before your initial meeting, it is helpful if you consider the following:

      • If you have children under the age of eighteen, who would you like to look after your children in the instance of both parents passing away?
      • Who do you wish to appoint as an executor? This should be someone you trust to administer your estate after you pass away. You can appoint up to four people, and we would recommend appointing at least one replacement in the instance that your initial executor(s) should die before you or be unable to act.
    4. Will my estate have to pay Inheritance Tax when I die?

      Every individual has a residence nil-rate band of £325,000.00, which means £325,000.00 of your estate is not subject to Inheritance Tax. Inheritance Tax is charged at 40%.

      There is also no Inheritance Tax payable on first death when the entire estate passes to a surviving spouse or civil partner. On first death of the spouse, if the residence nil-rate band was not used this can be transferred on second death. With the transferable nil-rate band, the estate on second death will have an allowance of £650,000.00 which is not subject to Inheritance Tax.

      You may also be able to claim an additional £175,000.00 residence nil-rate band on your property if your property passes to direct decedents and satisfies further requirements. This is also transferable on second death between spouses, which will give the estate of the spouse on second death a further £350,000.00.

      If you are able to claim the nil-rate band, residence nil-rate band and transfer these from the spouse who died first, your estate will not be subject to Inheritance Tax up to £1,000,000.00.

      If you have business or agricultural assets, you may be able to claim Business Property Relief or Agricultural Property Relief on these assets.

      If you leave money to charities, you can also claim a Chairty Exemption which can reduce your Inheritance Tax from 40% to 36%.

      Inheritance Tax can be a complicated issue, and for peace of mind we highly recommend speaking to one of our lawyers who will be able to provide you with confirmation of the amount of Inheritance Tax that will be payable by your estate.

    5. Can I stop someone from making a claim against my estate?

      You cannot stop someone from making a claim against your estate. However, if there is someone who you wish to exclude form your estate, you can take steps to minimize their claim.

      A person is able to make a claim under the Inheritance (Provision for Family and Dependents) Act if:

      • They are your spouse or civil partner;
      • They are your previous spouse or civil partner and have not remarried;
      • A person who, for the two years before your death, was living with you as if they were a spouse or civil partner;
      • Your child;
      • Someone whom you treat as if they are your child;
      • Any person who you were maintaining immediately before your death.

      When making your Will, you can expressly state that you have excluded a particular person on purpose and prepare a corresponding letter which states the reasons why you have made the decision to exclude this person. This will not stop the person making a claim, but may help protect your estate if the claim is made.

      If there is someone who you believe is likely to make a claim against your estate, let one of our lawyers know and they will be able to advise you on this.

    Speak to us to see
    how we can help

    0161 926 1535

    Why choose the mlplaw team?

    • Unparalleled Expertise and Experience

    We are vastly experienced, Legal-500 recommended Wills, Trusts, and Probate experts.

    We achieve successful outcomes for our clients and help them to navigate the complexities of Private Client law.

    Our team includes STEP-qualified lawyers, the highest level of qualification for a Wills, Trusts, and Probate practitioner, and all of our lawyers are members of Solicitors for the Elderly.

    • Your family, your service

    Your family is unique, as are the challenges it faces. That’s why our approach is all about crafting bespoke strategies that fit your specific needs.

    Whether your personal and financial circumstances are straightforward or complex, we can plan and implement effective solutions to achieve the best outcome for you.

    • In your corner from start to finish

    You need someone in your corner who knows you and your situation inside and out. As seasoned experts, we stand by your side from the moment you need us to the conclusion and beyond, representing you and supporting you along the way.

    • We don’t like legal jargon

    Communication is key. We use clear, plain English to explain the law and legal processes to you.

    We are transparent about our costs, offering fixed fees and preparing pricing options for you to choose from, so you are never caught off guard.

    • What our clients say…

    Our Wills, Trusts & Probate lawyers have over 50 reviews on Review Solicitors, demonstrating their commitment to providing excellent service. Here are some short testimonials:

    “Excellent, professional and friendly”

    “Extremely knowledgeable and helpful”

    “Supportive, efficient and effective”

    “Communication and approach was first class”


      Request a consultation

      Simply complete the form and a member of our team will be in touch




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