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Wills

Wills

At Burningham & Brown we have long and comprehensive experience in drafting Wills, together with advising on Inheritance Tax mitigation. Our Wills are drafted by our Partners, who have the necessary experience and ability to carry out your wishes, delivering top quality service efficiently and at a sensible rate.

Our aim is always to produce a Will that is clear and concise, and that you readily understand. If requested, the Partners in the firm are willing to act as Executors of your Will. As with all dealings with us, you can be assured that your affairs will always be discussed in the strictest of confidence, and we offer a free safe custody service for your original Will.

According to recent research two thirds of adults in the UK do not have a Will.  This can lead to untold distress and uncertainty for the family left behind.  Without a valid Will, the rules of intestacy will govern who can manage and benefit from your estate.

Apart from making sure that your hard-earned assets pass in accordance with your wishes, there are other reasons to take advice and make a Will, which can be summarised by asking the following questions:

  • Would you like to ensure that your spouse or partner can continue to live in the family home?
  • Who would look after your children if something happened to you? How will your children be provided for?
  • If you own properties subject to a mortgage how will the mortgage be repaid, would it be possible to settle any inheritance tax due on your estate without selling?
  • Do you own property overseas?
  • Do you own your own business, have a share in a partnership or own private company shares - what do you envisage happening to your business after your death?
  • Have you been married more than once and would you like your current partner to be secure while at the same time ensuring that children from a previous marriage are protected?

There are a number of misconceptions about Wills;

That only the elderly should make them - in fact it is equally important for young couples who may need (amongst other things) to appoint guardians for any minor children.

I don't own any property or have a lot of money - even if this is the case in reality most of us are worth more than we think, especially if you have taken out an insurance policy, perhaps linked to a mortgage, or indeed you have an occupational pension (and you haven't written the benefits of each in trust), either of these may pay out into your Estate. 

We live together, and treat each other as spouses, although we have never actually married/entered into a civil partnership, and therefore all our assets will pass automatically to my surviving partner - sadly this is not true. If you die without having made a Will (referred to as dying intestate) then how your Estate is distributed will be governed by the rules of intestacy, and irrespective of how long you have lived together, your surviving partner could receive nothing at all.

We recommend reviewing your Will every 3 years or so, or after any major event (Such as having recently received a large inheritance, divorced/married or made a large gift to one of your children. Perhaps you have bought a second home or invested with others in a shared property or the birth of grandchildren), It is better that you have a Will in place that covers your wishes rather than relying on the rules of intestacy.

Please contact us on 01225 320090 to arrange an appointment or to request our Wills Questionnaire where you can decide about your affairs.

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Wills & Probate Factsheet

 

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Burningham & Brown is authorised and regulated by the Solicitors Regulation Authority - SRA Number: 00044479

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