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Frequently Asked Questions

What is a Will?

A Will is a document which enables the testator to give specific instructions for the disposal of his/her estate on death.

Why do I need to make a Will?

Consider the following:

How long will it take to prepare my Will?

Once your instructions have been received, your Will will be sent to you within seven working days.

How much will it cost?

Please refer to our prices page.

Can my Will be changed?

Yes, of course, providing you are of sound mind.

Who should I choose as an executor?

You can appoint up to any four executors of your choice such as family members, friends, solicitors or even a bank. However, an executor must be over the age of 18.

If you have made provision for minor children in your Will, it is preferable to appoint at least two executors.

Do I need to appoint a guardian?

If you have minor children, it is important to appoint guardians so that parental responsibility can pass to the person of your choice when you are no longer here to care for your children yourself.

In cases where no guardians are appointed, the court will decide who looks after your children.

Does marriage, civil partnership or divorce affect my Will?

If you get married or enter into a civil partnership after making a Will, the Will is automatically revoked unless the Will expressly states that it is made in contemplation of marriage/ civil partnership. If you get divorced after making a Will, the Will remains valid but any gifts or appointment of your former spouse will fail.

Do the proceeds of a pension or life assurance policy form part of my estate?

Assets written in trust and most pension benefits including a death in service benefit will not usually form part of your estate and will be dealt with under a separate trust. This may be beneficial for inheritance tax purposes and also means the monies may be released before probate is issued. You are usually able to name your chosen beneficiaries by requesting a beneficiary nomination form from the policy provider.

What happens if I leave a legacy or gift to someone in my Will who dies before me?

Where a beneficiary predeceases you, their legacy or gift will usually form part of your residuary estate unless you have made provision in the Will for another person to receive it.

Do I need to amend my Will if I am moving house?

You do not need to amend your Will simply to change your address. However, it is important that you inform your solicitors of any change of address in order for correspondence to be sent to the correct address.

If you have specifically gifted your home in your Will, you may wish to check with your solicitors whether your Will needs to be amended.

Where should I keep my Will?

Your Will should be kept in a safe and secure place e.g. at a bank or in a locked drawer. BMA Wills Service can store your Will for you, please refer to our charges section.

How often should I review my Will?

You should review at least every three to five years, or sooner if your personal circumstances change. This may include any of the below: