Chelsea 0207 228 2020

Knightsbridge 0207 095 0930

Drafting Wills

Frequently individuals die without making a Will, in fact this is quite common with about 2 in 3 people not having made a Will.    When this occurs, the estate is then distributed in compliance with a rigid set of rules known as the intestacy rules.  Blood relatives are listed in order of priority and spouses receive a set sum.   This can have often have disastrous consequences.

Dying Without a Will – The Drawbacks

  1. If you and your partner are not married, your partner will receive nothing on your death.
  2. If you and your spouse do not own assets jointly, then your spouse may be forced to sell the house to pay legacies to your children or other relatives.
  3. If you are elderly with no immediate family this could mean that your estate passes to distant relatives that you have not seen in years.  Friends, charities and relatives by marriage get nothing.

Making a Will – The Advantages:

  1. It is possible to draw up a Will for a disabled person who receives means tested benefits.  In this instance we can draw up a Will which sets up a trust fund for the disabled person without effecting their entitlement to benefits.
  2. You may want to make a provision for children from an earlier marriage or relationship and also wish to make provision for your spouse during his/her lifetime and then ensure that your estate passes to your children after the death of your spouse.
    Otherwise, if your die first, it is possible that your spouse could remarry or change their Will, cutting out your children.
  3. If you own a property overseas it is extremely important to make a Will both here and in the country where you own the property.
  4. You might wish to select guardians to look after your children in the case of their being orphaned under the age of 18.
  5. Setting out your wishes in a Will prevents future disputes among family members.
  6. Making a Will enables you decide who gets exactly what and when.  It is up to you to  decide who will carry out your instruction and you can take account of individual circumstances so as to ensure that your estate is distributed exactly as you wish.

It is possible to purchase a Will from a stationers and complete it yourself however unless this is checked by a solicitor you will not know whether the Will is sufficiently clear enough to ensure that your wishes are valid.  The will might also contains a mistake or mistakes which could result in making the Will invalid.

Leon Kaye Solicitors are able to offer advice on drafting wills and for further information please contact Leon Kaye Solicitors on Tel. 020 7228 2020 or 020 7095 0930 or email us at info@:leonkaye.co.uk