Wills Solicitors

How can we help you?

Our Wills and Estates Solicitors in Colchester and Clacton can help you with all areas of Wills and Estate Planning:

• Preparing new Wills and updating existing ones.
• Advanced Directives for Healthcare (Living Wills).
• Statutory Wills for those who are mentally incapacitated.

What is a Will?

A will is a legal document that outlines three main things:

• Who should administer your estate after you die (your executor)
• Who should receive the benefit of your estate (your beneficiaries)
• Who should look after your children until they reach eighteen (their Guardians)

Executors are responsible for ensuring the contents of your Will are followed, and who you pick is up to you. Many people choose a loved one, but others choose the solicitor who helped them make the Will.

Do I need a Will?

Having a Will is important. It helps your loved ones know that they are doing what you would have wanted. If you die without a will your assets will be distributed according to the rules of Intestacy, which are unlikely to reflect your actual wishes. This isn’t the only reason to have a Will:

• If you are not married to your partner or in a civil partnership, they cannot inherit from you unless you have it written in your Will
• If you have children, you can put arrangements in place for their care should the worst happen
• With good legal advice writing a Will may allow you to reduce the amount of Inheritance Tax payable on your estate.

It is equally important to keep your Will up-to-date with your circumstances. For example, if you have separated from the partner you named in your Will, you may wish to change what – if anything – they inherit from you. If you have prepared a Will and then get married, that Will is revoked unless it is made in contemplation of that marriage.

What happens if I die without a Will?

If you die without a valid Will, the Rules of Intestacy will determine what happens to your estate, and who deals with it (your administrator). If you have children, it might be necessary for a Court Order to be obtained to determine who can legally look after them. The rules also hold no provision for people you cohabit with – if you are not married or in a civil partnership, your partner would need to make an application to the court to share in your estate.

In situations where there is no will, the estate will be divided between the deceased’s relations in this order:

1. Husband, Wife or Civil Partners – Will receive everything if there are no children or grandchildren. If there are, the partner receives all the personal belongings and the first £322,000. The remainder is then split between the children or grandchildren when they reach 18.
2. Children and Grandchildren – The estate is divided equally among your children when they reach 18. If you children have passed before you, their share will pass to their children.
3. Parents – Divided equally between them
4. Brothers and Sisters – Or, if you have no surviving siblings, to their children if they have any.
5. Half-Siblings
6. Grandparents
7. Uncles and Aunts

If you have no surviving relatives, your estate will pass to the crown.

How do I make a Will?

The first step is to think about what you want your Will to contain. A good place to start is to have the answers to these questions:

1. Who would you like to be your executor?
2. What assets do you have, and how do you own them? For example, is ownership of your house shared with anyone?
3. Who do you want to leave your assets to? If you have children, who would you want to look after them in your place?
4. Is there anyone who will be expecting to receive money or belongings from you?

When you’ve considered how you want your estate to be managed, make an appointment with a solicitor. We recommend you use a solicitor to draft your will so you can be confident that it is valid and will achieve your intended outcome.

Once you’ve met with your solicitor and talked about your wishes, they will prepare a draft for you to review. If you’re happy with it, they’ll meet with you and your witness to have the Will signed, making it a valid legal document.

At TSP, our initial Will appointments usually last between 30 minutes and an hour. If you’re unable to visit our office, we’re more than happy to visit you at home, or wherever you’re receiving care.

When should I update my Will?

Whenever your circumstances change, you should consider changing your Will. You should always review your Will when you:

• Get married or enter into a civil partnership.
• Get divorced
• Experience significant change in your family or financial situation

This way you can ensure your Will reflects your current wishes. We recommend that you review your Will periodically, as it is a static document that represents a specific moment in time.

Can I start my Will online?

We understand that you may have time pressures, work commitments or other circumstances that mean you’ve been putting off making a Will. We now offer you the choice of starting your will online so you can kick off the process in your own time and in the comfort of your own home. Contact us and we’ll send you a link to get started.

Our Will prices and fees

We are able to offer a fixed fee Will from £250 + VAT. For other more complex Wills and Estates we charge on an hourly rate basis. Where this is the case, we will tell you the hourly rates charged by everyone we expect to work on your case and give a realistic estimate of your likely overall costs.