PRACTICE AREA | PRIVATE CLIENT | DRAFTING A WILL
our clients are all unique.
we make sure their wills are too.
we ensure that your property and assets pass to those you wish to receive them
WE OFFER a fixed fee service for straightforward wills and time based charges for more complex trust structures and estates
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A Will is a legal document which allows you to set out instructions for the distribution of your estate upon your death.
When we speak about your ‘estate’, we are referring to everything you might own; your house, your bank accounts, savings and investments, family heirlooms and other possessions.
Your Will can also stipulate who you nominate to carry out your wishes and ensures that your property and assets are passing to those you wish to receive them.
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It is certainly advisable to have a will if you would like to have discretion who receives your assets following your death.
If you were to die ‘intestate’ (that is, without having a will), it is the law that decides how your estate is to be distributed.
In these circumstances, it may become the case that your intended recipients do not receive the benefit that you wished to provide them.
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The cost of a Will varies depending on the complexity of your instructions. We can outline the anticipated legal fees once we have understood your Will requirements.
Click Here for our Client Guide to read more details of our most common Private Client services.
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A living will provides a direction that where you are unable to communicate or take part in deciding on your medical treatment as a result of serious physical illness or mental incapacity, it is your wish that your life should not be sustained by artificial means and that medical treatment should be limited to keeping you comfortable and free from pain.
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The content of a Will varies depending on your individual requests and circumstances. However, there are some common features in every Will:
Firstly, it must appoint an executor or executors who will be responsible for dealing with the administration of your estate.
Secondly, it must identify the person or persons who should receive your estate.
Thirdly, it must be validly signed and witnessed.
We can advise you on writing a will, draft the document for you and ensure it is validly signed.
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Yes, it is possible for individuals to write their own Will.
In more complex cases that may involve legal rights, inheritance tax liabilities and perhaps extended family interests, we would normally recommend you speak with us before finalising your own Will.
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Absolutely. You are free at any time to write a new Will, or if you prefer, you can make a minor amendment to your existing Will, in a separate document called a Codicil.
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We recommend that you review your Will at least every five years or, as soon as practicable, whenever there is a significant change in personal or financial circumstances.
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Executors are responsible for gathering together the assets, and paying any debts due by the deceased person’s estate, and thereafter distributing to the appropriate beneficiaries.
You should carefully consider who you wish to appoint as your Executors. This may be a friend or family member.
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It is possible to leave a legacy or part of your estate to an unborn grandchild, provided that the category of people you intend to benefit are clearly defined and identifiable.
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You can leave a specific amount to a charity or charities of your choice or a percentage of your estate. Our Solicitors will outline this process for you.
Drafting a will - a practical guide.
Key Contacts.
ELIZABETH FORSYTH
Partner
eaf@kellas-legal.com
NICOLA SMITH
Accredited Paralegal
ns@kellas-legal.com
JULIE DONALD
Executive Assistant
jd@kellas-legal.com