Will Writing in Leicester
Will Writing in Leicester
What happens without a will
Under the intestacy rules in England and Wales, your estate passes in a set order — spouse or civil partner first, then children, then parents, siblings and wider family.
Two consequences catch people out repeatedly:
Unmarried partners receive nothing. There is no such thing as a common law spouse. You can live together for thirty years, own a home together and raise children together, and your partner still has no automatic entitlement. They may be able to bring a claim, but that means legal proceedings during bereavement rather than a straightforward inheritance.
Stepchildren receive nothing unless legally adopted, regardless of how you raised them.
If either applies to your household, a will is not administrative tidiness. It is the difference between your intentions being followed and being ignored.
Guardians for children
For parents of young children this is frequently the most important reason to make a will.
A will lets you appoint who you want to care for your children if both parents die. Without that appointment, the decision may ultimately be made by a court, which will act in the children's best interests but has no way of knowing what you would have wanted.
It costs nothing extra to include and takes one conversation to decide.
How your property is held matters
A point many couples have never checked.
Joint tenants — the property passes automatically to the surviving owner, outside the will entirely.
Tenants in common — each owner holds a defined share, which passes under their will.
Most married couples hold as joint tenants, which is usually what they want. But in a second marriage, or where one partner contributed considerably more, tenants in common with a properly drafted will is often the better structure — it allows you to leave your share to your own children while protecting your spouse's right to live there.
Find out which applies to you. Your conveyancer or the Land Registry can confirm it.
Marriage revokes a will
Worth stating plainly because it surprises almost everyone: in England and Wales, marriage automatically revokes an existing will, unless the will was specifically made in contemplation of that marriage.
If you made a will before marrying and have not updated it, you may effectively have no will at all.
Divorce does not revoke a will, but it does change how it operates — typically treating an ex-spouse as having died first. That is not always the outcome people intend either.
Wills and life insurance do different jobs
A common misunderstanding.
Life insurance written in trust pays directly to the beneficiaries you named on the trust form, without passing through your estate or waiting for probate. Your will has no bearing on it.
Your will deals with everything else — property, savings, possessions, and the appointment of guardians and executors.
Both are worth having, and they should be consistent with one another. See putting life insurance in trust.
Choosing executors
The role given least thought, and the one that most determines how smoothly everything runs.
Executors administer your estate — obtaining probate, gathering assets, settling debts and tax, and distributing what remains. It is an administrative job that can run for a year or more.
Choose people who will actually do it
Willingness and capability matter more than closeness. Ask them first rather than surprising them.
Appoint more than one
or at least a substitute. Executors die, become unwell, or move abroad.
Think about conflict
Appointing two beneficiaries who do not get on is a common and entirely predictable source of difficulty.
A professional executor is an option
where the estate is complex or the family situation is difficult. They charge from the estate and the cost can be significant, so read the terms before appointing a firm.
An executor who is organised and available is worth considerably more than one with an impressive title.
When to review
After any significant change: marriage, divorce, a new child or grandchild, buying property, a substantial change in assets, or the death of a beneficiary or executor.
A will drafted fifteen years ago may name executors who have died and leave assets you no longer own.
How we help
We arrange will writing for clients through the specialists we work with. It commonly comes up alongside a mortgage or protection review, because that is the point at which people are already thinking about what happens to their family.
Will writing is not a regulated activity of ours, and we are not solicitors. Where a situation is complex — trusts, business assets, second families, potential inheritance tax planning or anyone likely to contest — we will refer you to a solicitor rather than attempt it.
Speak to us
Call 0116 277 7536 or book a free consultation.
Cedar House, 3 Broad Street, Enderby, Leicester, LE19 4AA.
Common questions
What happens if I die without a will?
Your estate is distributed under the intestacy rules, which follow a fixed order regardless of your wishes. An unmarried partner receives nothing automatically, no matter how long you lived together. Stepchildren you did not legally adopt receive nothing. The outcome is frequently not what people would have chosen.
Do unmarried partners really get nothing?
Correct — there is no such thing in law as a common law spouse. An unmarried partner has no automatic entitlement under intestacy however long the relationship. They may be able to bring a claim, but that means a legal process at the worst possible time rather than a straightforward inheritance.
Can I appoint guardians for my children in a will?
Yes, and for parents of young children this is often the single most important reason to make one. Without an appointment, decisions about who cares for your children may ultimately be made by a court. A will lets you say clearly who you want.
What happens to jointly owned property?
It depends how it is held. Property owned as joint tenants passes automatically to the survivor, outside the will. Property owned as tenants in common passes under the will. Many couples do not know which applies to them, and it matters — particularly in second marriages.
Should life insurance be mentioned in my will?
Usually it should not need to be. A policy written in trust pays directly to the beneficiaries you named, without going through the estate or waiting for probate. Trusts and wills are separate documents doing separate jobs, and both are worth having.
How often should a will be reviewed?
After any significant change — marriage, divorce, a child, a property purchase, or a death among your beneficiaries. Marriage automatically revokes an existing will in England and Wales unless it was specifically made in contemplation of that marriage, which surprises a great many people.
Related
Important information
Will writing is not regulated by the Financial Conduct Authority.
This page is general information, not legal advice. We are not solicitors.
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