Will Writing, Will Storage & Funeral Plans

Will Writing

Making a Will is the ONLY way to ensure your express wishes are carried out after your death. If you have not made a valid Will, your property will pass according to the Laws of Intestacy (find out more) and this will almost certainly not be what you would have wished. In any event, it is likely to take far longer to finalise the administration of your estate than if you had made a Will.

Not having a Will means for example, that your beneficiaries may not be able to draw any money from your estate during the estate administration process, and this can lead to unnecessary distress for relatives and other loved ones.

We are a highly specialised Will Writing and Estate Planning company based in the South East of England, with over 20,000 clients.

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Frequently Asked Questions

WHY DO I NEED A WILL?

Your Estate
Without a Will, the authorities will decide how and to whom your estate is distributed, which can result in problems for your loved ones that you leave behind. For example, if you are not married your partner could be left with nothing. Or if you are single, what you leave could end up going to the State.

Your Children
Having a Will means you can appoint guardians for your children, which is even more important if both parents die – without a Will the local authorities can appoint guardians for you. Also if you are not married to the other parent when you die, this does not mean the other parent will automatically become the guardian (if your children were born before 2003).

Protecting Your Wealth
Another vital reason for having a Will is to make sure that what you leave is not inherited by those you do not want to access your funds: for example, a future partner of your spouse or their future children.

Leave an Amount to Charity
You can state in your Will an amount to leave to a Charity of your choice.

Trusts
Some or all of what you leave can be put in a Trust for different reasons. For instance, so that your children receive it when they reach a certain age. You can also include conditions that Trust funds are only used for certain items: for example, a child’s education.

WHY USE CASEY & ASSOCIATES RATHER THAN A SOLICITOR?

We are experts in Will Writing and advising so will review your specific circumstances and recommend what to include in your Will, taking every foreseeable scenario into account. The biggest benefit to our clients is peace of mind. We also provide home visits at no charge saving you time and hassle.

Most solicitors are knowledgeable in several legal areas and are not necessarily specialist Will Writers.

WHY NOT JUST USE A DIY WILL KIT?

A DIY Will can save you money upfront but if you get anything incorrect, you could cause your family and friends you leave behind a whole lot of trouble and concerns when they are sorting out your finances after you have died.

Also, if you use a Will template, the responsibility for your Will being correct is completely down to you. If there are any mistakes which cause problems when your Will is read, there will not be any legal comeback at all.

It could even mean that your Will is invalid and the law will then decide who your money and property should go to.

WHAT ABOUT WILL WRITING COMPANIES OFFERING WILLS FOR A VERY LOW PRICE?

Unless your Will is to be very simple and standard (which is rare), we recommend that you avoid these companies. They usually provide a basic Will drafted from a template and are not experts, so they cannot advise you on your specific circumstances. An example of this is a lady who recently came to us that had one of these Wills written. She assumed she would need a simple, straightforward Will but we found several overlooked items that her Will needed to include. Luckily, she came to us instead of hoping the cheap Will she had would cover everything.

HOW LONG DOES THE PROCESS TAKE?

Once we have taken your instructions we wait for the statutory 14 days “cooling off” period, unless you have asked us to proceed straight away. We will normally send your “draft” Will(s) to you within seven to ten days. Once we receive your “draft authority” back we will normally ensure that your “Final Will” is with you after a further seven to ten days.

Lasting Powers of Attorney (LPAs) can take longer because we are dependent on your attorneys (normally your family or children) signing documents and sending them back to us. We tend to find that most LPAs are completed within eight weeks. They then need to go to the Government to be registered. This takes on average, a further eight weeks.

CAN I REVISE MY WILL AND DO I PAY FOR THIS?

Some companies charge the full price to reissue Wills even if only slightly amended. Our policy is to charge £50 + VAT to reissue a Will and £50 + VAT to make a minor amendment such as a guardian or executor. Please note that it is NOT necessary to revise your Will(s) if one of your executors or beneficiaries changes address or name; it is all about identification.

FAQs didn’t help? Complete the Enquiry Form if you have any other questions.

The following scenarios are intended to provoke discussion…

Mr A and Mrs A are in their forties and married. They have three children under 18. Mr A has a child (now aged 25) from a previous relationship. Mr & Mrs A die in a car accident. They never made Wills. The father of Mr A is alive, fit and healthy. The mother of Mrs A is alive but suffers from early signs of dementia. Where will their estate go? Who will look after the three children who are under 18?

Mr A and Miss B are partners. They are not married. They own their house jointly and both contribute to the mortgage. They have two children. Mr A and Miss B wish to “…leave everything to each other and then to the children in equal shares.” Their assets are their house valued at £500k and a bank account in the name of Miss B of £150k which she inherited two years ago. This couple is at risk of paying £130k of Inheritance Tax completely unnecessarily. What planning needs to be done to mitigate this risk?

Mr A and Mrs A (ages 68 and 70) currently have Wills which leave “…everything to each other.” And then, subject to a survivorship clause of 28 days, leave everything to each of their three children in equal shares. Mr A and Mrs A own their house jointly and it is valued at £300k. Over the years Mr A and Mrs A have kept their finances separate. Mr A has built up assets in his own name of £330k and Mrs A has built up assets in her own name of £20k. Tragically Mr & Mrs A both die in a road traffic collision. Why does the survivorship clause in the Wills disadvantage the children by £122k?

will writing kent

Will Storage

Safe storage of your Will is an absolute must. This is because the original, signed and witnessed document is the ONLY legally binding version of the Will. Anything else (e.g. a photocopy or a copy on a computer) is not legally valid as it doesn’t have your original signature.

If you store your Will yourself (e.g. at your home) and lose or damage your Will (e.g. in a fire) the courts would declare it invalid.

For a small monthly fee, we offer a Will Storage solution that ensures your Will is kept secured and made easily accessible when it is needed. When your executors need to access your Will, all they need to provide is your death certificate and proof of their identity.

document storage in Kent covering the South East

Funeral Plans

It makes perfect sense to think about your funeral wishes when you have your Will written. Having us arrange your funeral plan is convenient, gives you peace of mind and means we can refer to it in your Will.

Let us arrange a funeral plan to suit your budget and requirements. Simply contact us for further information.

Funeral Plans in Kent covering the South East

Putting your funeral wishes in your Will is NOT binding upon your executors – they do not have to carry out your wishes.
Often, people just don’t know what their deceased relative wanted – usually because it’s natural to ‘put off’ talking about it.
A funeral plan ensures that your wishes will be carried out and that the funeral director’s services will be paid for at no extra cost to your family.
Savings in a bank or building society or insurance is just a sum of money. Your executors are not obliged to spend it on your funeral and it is unlikely to keep up with the rising cost of funerals.
You can choose a funeral to suit your requirements across a range of prices, or you can pay by instalments if you prefer.
You will receive a certificate which confirms the funeral you have chosen. It also specifies, if you wish, personal details such as religious requirements, gifts to charities in lieu of flowers, music etc. You also receive a booklet which tells your family or executors all they need to know at the time of your funeral.
At a time of sadness, you will have relieved your family of financial and emotional burdens – and those you leave behind will remember your thoughtfulness.

We can arrange a funeral plan to suit your budget and requirements. Simply contact us for further information.