Can my spouse/civil partner and I make separate Wills?

Yes, you and your spouse/civil partner can make separate Wills.

Single Wills are good for people who are single, separated, divorced or have dissolved a civil partnership. They’re also suitable if you’re widowed or a surviving partner and for couples who want to distribute their assets differently.

Mirror Wills suit couples (married, civil partners or co-habiting) who have similar wishes on how to distribute their assets. For Mirror Wills, you’ll get two Wills for the price of one and the Wills are mirror images of each other. You’ll also only have to fill out our form once and you can add your partner’s information with yours.

Call us on 0370 1500 100 to find out which Will is right for you.

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What will happen to my estate if I die and don't have a Will?

If you don't have a Will when you die, you die "intestate". This means that the law will control and decide how your estate is distributed. The outcome could be something you don’t want, so a Will is the only way of making your wishes known when you die.

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Is there an age limit on making a Will?

Yes, there’s a minimum age limit for writing a Will. In England, Wales and Northern Ireland you must be over 18, and in Scotland you must be over 16.

There’s no upper age limit for making a Will.

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I have a disability or visual impairment which makes it difficult for me to read/sign things. Can you help me with my Will?

Yes we can. If you tell us about your particular needs, we can prepare a Will that will be effective and suitable for you. We’ll also help you complete our form and assist with the signing and witnessing of your Will.

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I have lived in Scotland/Northern Ireland can I still make a Will in England?

If you consider Scotland or Northern Ireland your permanent home, you should have a Will drafted under the laws of Scotland or Northern Ireland.

We have legal professionals who can write a Will that is suitable for you, whether you call England, Scotland, Wales or Northern Ireland your home.

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Can I still make a Will in England if have property overseas?

If you own land, property or any other asset overseas, it’s better to have a Will prepared under the local law of that country. This is because foreign probate law can become complicated. If you don’t have a Will in that country, it can take a lot of time and money to sort out.

We have relationships with law firms around the world and can put you in touch with the right people to help. Contact us to find out more.

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Can I make changes to my Will before I sign it and have it witnessed?

Yes, you can call us to make any changes you want or alter the copy we send you and return it to us. We’ll then make the changes you’ve asked for and send your updated Will back to you to approve and sign.

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Do I have to name my children and if so, do I have to change my Will if I have another child?

Not necessarily. When we receive your Will instructions, we can draft your Will to accommodate any future children you may have. We do this by looking at your age and circumstances (such as if you already have a very young child). This means you won’t have to make another Will if your family gets bigger.

Let us know if you’d like us to draft your Will to accommodate future children in the ‘Additional Information’ section at the end of this form.

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Can members of my family be the witnesses to the Will?

We strongly advise against this as it can invalidate all or part of the Will. All our Wills have clear signing instructions which state who can or can't witness the signing of a Will. If you have any doubts about who can be a witness, please call one of our professionals to discuss further.

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How can I stop my property and other assets being taken into account for nursing home fees?

If you have to go into a nursing care home in the future, they’ll expect you to pay for the fees yourself. These can be very expensive. The local authority can contribute to your fees if everything you own is less than £23,500. If it is more, they can’t contribute at all.

You can make sure that the local authority don’t take into account any property you own by structuring your Will to protect your inheritance.

For situations like this, we offer a special Will called an Asset Protection Will. For more information, call a member of our team or select the option on the online form and we’ll contact you.

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What happens if my beneficiaries die before me?

Unfortunately, sometimes your beneficiaries can die before you do. Depending on your circumstances, we can draft your Will to take into account the death of a beneficiary and name a replacement if needed. If you find yourself in this sad situation, give us a call on 0370 1500 100 and we can help you amend your Will.

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Why should I have Irwin Mitchell as my Executors?

Getting their inheritance could be an emotional and difficult time for your beneficiaries. You’ll want to make sure they get their inheritance with as little stress and hassle as possible.

An Executor is a complicated role and some people prefer to appoint a professional to deal with their estate. You can appoint Irwin Mitchell as your executor or you can appoint someone your trust (like your spouse) and Irwin Mitchell to handle your estate jointly.

Irwin Mitchell can help your beneficiaries immediately after your death. We’ll take the worry and stress away from your loved ones by working efficiently to distribute your estate according to your Will. By using us as your Executor, your family will get:

  • Competitive rates, which we’ll discuss with the beneficiaries after your death so that everyone is happy before we act
  • An independent advice and guidance to help avoid conflict between beneficiaries
  • A regulated and experienced law firm controlling your estate
  • Immediate advice and assistance after your death to avoid delay and confusion
  • A dedicated person dealing with your estate who’s always available to help and advise your family

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I have a disabled child/child with learning difficulties. How do I provide for their care for the rest of their life after I die?

This can be mentioned in your Will. It might be better to hold the funds due to them in a Trust.

For further information on this, call a member of our team on 0370 1500 100.

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When should I update/review my Will?

We recommend you review your Will every five years, to make sure it’s still correct.

As a rough guide, here are a few examples of when you may need to update your Will:

  • Started new family relationships - if you’ve married, entered into a civil partnership or started living with someone new
  • Ended family relationships - you may also need to update it if you have divorced, separated, dissolved a civil partnership, are widowed or are a surviving civil partner
  • Family Growth - if you’ve become a parent/grandparent, or if children have entered your life through a new relationship
  • Bereavement - if one of your main beneficiaries or someone named in your Will dies
  • Change in Assets - sometimes it’s necessary to review your Will if your assets change significantly, such as if you buy property and want to leave it to family members
  • Change in wishes - the main point of a Will is to represent and communicate your wishes after you die. If your Will no longer does this then you should update it.

Contact us if you’d like to discuss more about your Will. Call us today on 0370 1500 100.

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What additional services can I get with my online Will?

With your online Will, we can offer you a range of other services including:

Inheritance Tax (IHT) advice – If your estate is worth over £325,000 your beneficiaries will have to pay IHT. We can help you structure your Will so your beneficiaries can make the most of their inheritance.

Setting up a Trust – this can help you protect your wealth for future generations who are too young to inherit, or for people who can’t manage their own affairs.

Asset Protection – we can help you protect your assets and wealth so your family can get the most out of their inheritance.

When you get to the end of the online Wills form, you’ll have the option to choose any of these services. We won’t charge you for any additional services unless you agree and we’ll always be upfront about any extra costs.

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What do I get if I use Irwin Mitchell’s Wills Assured package?

Our Wills assured package gives you:

  • Free lifetime secure Will storage (normally £25 per year)
  • Free standard updates to any Will (normally from £80 per update)
  • 15% discount for our preparation of a lasting power of attorney
  • 15% discount on our standard estate administration fees
  • Free quarterly legal newsletter.

If you make Irwin Mitchell the executor of your estate, you get the Wills Assured package for free.

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