Wills
How writing your Will protects and shelters your loved ones
You know you should write a Will, but haven’t quite got around to it yet.
You want to make sure your loved ones are looked after when you’re no longer around.
You’re not sure where to start or what’s involved.
The Truth about Wills
Nothing makes you face your own mortality more than the thought of writing your Will.
So, it’s no surprise it’s one of those things we all put off.
But if you want to make sure everything you’ve worked so hard for is passed on to the people and causes you love, it’s worth the effort.
The cold truth is that without a Will, you have limited control over what happens to your wealth after you die.
Meet Tracey, our Senior Will Writer
Tracey Medlock
Private Client Executive
What exactly is a Will?
A will is just a legal document that enables you to choose how your money, property and possessions are shared after your death.
It allows you to clearly outline your wishes and appoint an executor who will be responsible for carrying those wishes out.
With planning, a Will can also ensure that your loved ones are cared for in the most tax-efficient manner. Those with special needs can also be protected through future planning.
What happens if I die without a Will?
Under these rules only married, civil partners and some other close relatives can inherit. If you are unmarried or not in a civil partnership you have no right to inherit if your partner dies without leaving a will.
If you do not leave a Will, your estate may go to family members you would not choose, or if you have no family then to the Government!
Reduce the tax burden
An experienced legal specialist can tell you if Inheritance Tax is likely to bite into your estate. Depending on your wealth and how complex your affairs are they can advise you or recommend you see an Inheritance Tax specialist.
But bear in mind tax laws and tax thresholds change, so it’s always wise to review your will as time passes.
— FAQs: Frequently Asked Questions
The most common questions we’re asked about Wills
Do I really need a will?
If you pass away without a will, your belongings will be divided according to a set of rules called intestacy, which might not match your wishes.
Also, having a will can help you plan for what will happen to your children or dependents if you or their other parent were to die.
What does an executor do, and do I need one?
An executor is the person appointed in the will to make sure the deceased person’s wishes are carried out. They are responsible for distributing the money, property, and belongings to those named in the will.
Being an executor can take up a lot of time and involve various tasks, from arranging the funeral to applying for a Grant of Probate, which is legal permission to act as an executor.
You need to name at least one executor in your will.
Is it worth challenging a Will and how much will it cost?
A will can only be challenged or contested for specific reasons. Some of the most common reasons or grounds are lack of mental capacity, undue influence and forgery.
Depending on the circumstances, it can be expensive, and fees may need to be paid upfront.
Before making your decision, it’s important to talk to a legal expert with experience in situations just like yours. Click on Disputes and Claims to talk to Lauren, our Litigation Partner for an honest assessment.
If I’ve already written my will, how can I change it?
As time passes it’s not unusual to want to change your will by increasing legacies, changing executors or guardians, or adding or removing beneficiaries.
You have two options to update your will. Firstly, you can add a codicil to your existing Will. (A codicil is just the legal name and process given to the document that amends your current Will.) Adding a codicil requires witnesses and signatures to make it legally valid.
Alternatively, you can replace it completely and prepare a new one. You don’t need to use the same solicitor or Will Writer to do this.
How do I make plans for someone to manage my affairs if I lose my mental capacity?
None of us know what the future holds, so it’s wise to make plans just in case. You can do this by appointing a Power Of Attorney.
A Power of Attorney helps you plan how your health, finances, and well-being will be managed if you lose your mental capacity by choosing someone to make decisions for you.
To find out more click on Power Of Attorney.
Your Wills team at Tierneys Solicitors
Tracey Medlock
Private Client Executive
Joined Tierneys in 2022
Andrea Cerevkova
Private Client Executive
Joined Tierneys in 2026
Joanne Bacon
Legal Assistant
Joined Tierneys in 2020
Won’t a cheap template, where I fill in the blanks, do?
If you looking to save money you may have considered a template, fill in the blanks, style will.
Before making your decision it’s best to weigh up the pros and cons.
No one to help and guide you
When you consider what’s at stake, it helps to ask someone with the right legal expertise questions. It’s often the questions that we ask and the assumptions we talk through, that help those in your situation to think deeper and cover more eventualities.
Lack of Clarity
The lack of flexibility means you might not be able to say exactly what you want in a template will. This can lead to uncertainty and your wishes over who receives what not being carried out how you intended.
“
Templates make an excellent servant
but a terrible master.
Your Will is more open to be Challenged or Contested
Without the right legal advice you may express your wishes in a way that leads your will open to legal challenge. This not only delays your wealth reaching those you love but can also reduce their inheritance due to the legal fees involved.
Template Wills bought in a shop or online are not designed for your family’s circumstances. They are simple and crude and can be quite dangerous.