Frequently Asked Questions

What happens to my assets if I have a partner to whom I am not married and to whom I have not formed a civil partnership?
Your assets will go to your legal next of kin who could be your parents or your siblings or more remote relatives, even if you have lived with your partner for 50years or more and you have never met your relatives who are entitled to inherit!!

Can an Executor be a beneficiary?
Yes. It is quite usual for the executor to be a beneficiary e.g. when a wife leaves her estate to her husband. In these circumstances it would be most unusual for the executor to be anybody other than the husband.

Why do I need a solicitor? Is my will going to be legal?
There is no law to say that you have to use a solicitor to draft a will. However there is no end of horror stories where unfortunate partners or close relatives have been inadvertently and unwittingly cut out of their loved ones will because the testator(the person whose will it was)has written it themselves or followed poor advice. EPO Will Shop employs only well experienced and fully qualified solicitors to write their wills to avoid any ambiguity.

I want to leave everything to my children. Can I do that?
Yes you can, but they can’t take the inheritance until they reach the age of 18. Until then, it remains in trust. Your chosen executors can be the Trustees and you can use someone such as a close relative ( who is likely to live longer than you) to act. If you have no such relatives that you can trust, then you might consider using a solicitor to act as trustee. EPO Will Shop can arrange that for you at no charge to you.

I don’t want to leave anything to my wife. How can I avoid her claiming from my estate?
A tricky question! In fact if you want to leave out of your will or underprovide for your wife,or a partner who has lived with you for over 2 years, or a previous wife who has not remarried, or a child or stepchild , or anyone who has become financially dependent on you (such as a mistress ) then unless you can give full and cogent reasons for doing so, they will be able to make a successful claim under The Inheritance(Provision for Family and Dependants) Act 1975. It is advised, therefore, that you leave a letter with your will giving your full reasons for your actions in that regard. This will assist your Executors in fighting any claim on your estate, by the people left out, after your death.

What if someone to whom I have left something in my will dies before me?
The gift, unless you have specifically catered for this happening so that it instead, for example goes to issue, ie that person’s child or children, will go back into your residual estate..This means that it will go to the person or persons who are going to receive the remainder or what is left of your estate, after all your debts and funeral expenses have been paid.

What about Inheritance Tax (IT)?
There is no IT payable on the first £300,000 of your estate. Transfers between husband and wife and Civil Partners are totally exempt . If your estate is liable to pay IT then it has to be paid before your executors can apply for Probate. If your estate is worth more than £300,000,and you are in a civil partnership, or married, then you should contact us for advice as to how to avoid paying unnecessary IT. You should remember, however, that this will writing site is aimed at those people with a net estate under the IT threshold and it is not advised that those lucky people with large estates should use this site. We are, however, able to direct you for legal advice on high value and very high value estates by visiting the Eddowes, Perry & Osbourne web site and then clicking free advice or call back in the wills area of the website.

What are mirror wills?
These are wills usually made by husbands and wives or civil partners. Both parties make effectively the same wills, usually leaving everything apart from possibly a few legacies (gifts) to other people, and they leave their residual estate to the same people as each other. Obviously there is nothing to stop the survivor from changing his or her will after the death of the first party, however.

Divorce
A divorce does not automatically revoke or cancel your whole will, but any gift to your former spouse is cancelled, or lapses, unless your will actually states otherwise.

Guardians
You don't have to nominate guardians of your infant children in your will, but it sometimes saves a lot of bother afterwards, as the problem may have to be decided by the courts after your death.