Niamh Mackenzie-Johnson and Marta Sikora of Leeds Day LLP discuss the importance of a professionally drafted will when administering your estate.
Writing a will may not feel like a priority for some people, but it’s vital to ensure that you have a properly drafted will in place if you wish to control what happens to your estate after death.
A will is your written instruction on how you wish for your estate to be distributed. It enables you to choose who deals with your estate, appoints guardians for your minor children, expresses your funeral wishes and leaves gifts to friends and family.
You can incorporate trusts to ringfence your property for your intended beneficiaries (for example to protect your property for your children when you have remarried), provide ongoing financial provision for minor or disabled beneficiaries, and much more.
“Writing a will not only gives a clear indication of your wishes, but it also helps to provide certainty for your family and loved ones,” says Niamh Mackenzie-Johnson, solicitor in the private client and contentious probate team at Leeds Day LLP.
“As non-nuclear families become more commonplace, claims against estates continue to rise. Not having an up-to-date will can cast doubt on your intentions and strengthen potential claims against your estate, and all the costs and emotional toll that brings.”
Although anybody can theoretically write a will, there are many lesser-known legislative provisions and tax issues which can create problems when it is time to administer your estate.
Having a professionally written and up-to-date will can help any potential issues to be identified from the outset, reduce the future costs of administering your estate, and minimise the risk of delays when the time comes for your personal representatives to obtain a grant of probate, the document which gives them the legal authority to deal with your estate.
“Your will is one of the most important documents that you will draw up during your lifetime, and you should therefore ensure that it is properly drafted,” says Marta Sikora, chartered legal executive in the private client team at Leeds Day.
“A professionally drawn will reduces the risk of your will being invalidated on the basis of undue influence, testamentary incapacity, lack of knowledge and approval of the document, and failure to properly execute the document.
“Law firms maintain clear records of your instructions which can be produced as evidence in proceedings in the event a third party brings a claim against your estate,” she adds.
Leeds Day offers will writing and estate planning services which can help ensure that your affairs are in order when you eventually pass away. The firm’s private client team has almost 100 years of cumulative knowledge in this specialist area.
“Although you may already know what you want to include in your will, we can help you to consider the possible practical and tax implications of the disposals made under your will, and how this may affect your estate when you pass away,” says Niamh.
“We also offer contentious probate advice where clients have a dispute regarding a deceased person’s estate.
“If you have an issue with an estate – whether you are an executor, beneficiary, or someone who has been excluded from benefitting under a will – then you can speak to our dedicated dispute resolution team about how you can move forward.”
Leeds Day is a forward-thinking law firm with a traditional approach in today's ever-evolving legal landscape.
It understands that strong relationships are essential in the legal profession, which is why it places great value on effective communication and establishing long-standing connections with clients.
“Many of our lawyers are accredited specialists in their fields of expertise, and our firm can trace its roots back to 1820 at the founding of Day & Son in St Ives,” says Marta.
“The longevity of our firm is testament to the service which we have provided to the local area for over 200 years.”
With remarriages on the rise, the need to revisit a pre-existing will is becoming more important.
Leeds Day can help ringfence a portion of your estate with a life interest trust, ensuring your children still inherit a share of your property when you pass away. The firm’s family team can also assist with pre-nuptial agreements and other financial arrangements, tailoring them to the needs of your family.
The firm is always on hand to help clients navigate any legal changes affecting them – from the registration of non-taxable express trusts (including will trusts) to upcoming changes to lasting powers of attorney.
All advice is delivered by a 10-strong team with genuine care for their clients.
“We are a friendly bunch of people,” says Marta. “We will always be there to listen and help you with your particular set of circumstances.”
To discuss your estate and will, please call Leeds Day on 0333 577 2250 and make an appointment with a member of the private client team. For more information, visit leedsday.co.uk
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