Frequently Asked Questions
What happens if I don't make a Will?
The Intestacy Rules decide how your estate should be
shared out on your death. These can be
found in the Functions of a Will section of our website.
Do I need a Will even if I am not wealthy?
Yes. If you own property in your name you need a Will. Property is not just real estate, it also relates
to bank accounts, cars, life insurance and death-in-service benefits etc. Your Will is necessary to
state who looks after this property if you pass away and ensures that it goes to your chosen
beneficiary.
Will an online Will really be legal?
Absolutely. All an online Will does is automate the process solicitors use to create Wills, so your Will
document will contain the same paragraphs, clauses and legal information that you would get from going
through a solicitor.
Who can witness my Will?
Your Will can be witnessed by any two people, so long as they meet the following criteria: are aged at
least 18; are not blind; are not beneficiaries in your Will; are not married or in a civil partnership
with any of your beneficiaries; are of no relation to you; are not related to any of your beneficiaries.
Witnesses do not need to know the content of your Will.
Where should I store my Will?
Your Will can be stored wherever you like.
Don't I need a solicitor?
Not at all. Though it is important to be informed about the Will making process, as we do at Wills
Direct, and for the document to be constructed logically and clearly.
The Will needs to be signed by two witnesses, neither of which are required to be solicitors. See ‘Who
can witness my Will? for information.
At Wills Direct, we recognise that an online Will is not always appropriate, especially if your
circumstances are complicated.Therefore, there can be times when a solicitor would be necessary.
When should I use a solicitor?
In circumstances where customers require specific legal solutions, then legal advice is required. If you
own a business or agricultural assets, have estate abroad, or if the UK is not your permanent residence-
among other issues.
Can't I just write my Will myself?
Yes, under UK law, it is possible for you to create your own Will. However, it is a risky process to
write your Will without assistance:
- Upon death, all Wills are sent to faction of the High Court for "validation". Wills will be declared invalid if they do not comply with certain legal conditions or if they were not drafted under the right procedures.
- If your Will is poorly drafted, it can be open to challenge. Aggrieved-feeling beneficiaries may contest if they feel they have not received what they expected. There may be completely unintended consequences over who exactly gets what, how the estate is administered and how inheritance tax is paid. This means your wishes could be overruled.
What is Probate?
The process of distributing an estate pending death- covering asset collection, liability payments, and
estate distribution to the beneficiaries, and possibly including the obtaining of a grant of probate and
the inheritance tax form completion.
Rules developed by the government ensure that during the probate process, the instructions in the Will
are strictly adhered and meet government duties including all inheritance tax liabilities.
I am getting married. What impact will this have on my existing Will?
Previous Wills will be revoked pending the entering into a marriage or civil partnership, unless the
Will was created "in expectation of marriage/civil partnership". Therefore, to ensure your previous
wishes are kept, you will need to create a new Will. However, a Will is not automatically revoked
following divorce. Despite this, any appointment of former husband/wife/civil partner as an Executor
would no longer be in effect. A Will should certainly be reviewed following divorce.