Tag: will solicitors

Top 5 Tips for Making a Will during the UK Lockdown

Posted on May 11, 2020 by - Blog, Covid-19, Wills

As you may have seen from Boris Johnson’s speech on May 10th, the lockdown rules are about to be relaxed for specific types of workers. However, that does not mean that the lockdown has been entirely lifted. It’s important that we stay aware of our own action and keep up with social distancing. If we want to protect our families from Covid-19, then we need to think more about the future. Have you been thinking about making a will? It may be the best thing to do if you want to prepare for the worst. Gowing Law Solicitors, and our trained will-making specialists can help you draft your wishes into a specific written format. That way you can ensure that, even after you have passed, you can leave something behind for your family, friends and loved ones.

Is this your first will?

We all need to start somewhere! Making a will is going to be one of the hardest things you have ever done in your life. It can be difficult to confront our own mortality. However, the main purpose behind a will is to let your loved ones know exactly what your wishes are after you have died. Your will should contain information about:

  • Your financial assets
  • Any land/Property
  • Legal guardianship
  • Your investments & debts
  • Mortgages & tax

For some people this may be very simple, but for others it may be a bit more complicated. That is why it is essential that you create a will checklist that can organise your thoughts. Check out our will making checklist below:

Use our list whilst looking at your own property and the assets that you legally have possession over. When you have listed out each of these assets, make sure to tick them off on our checklist. By the time you have finished the checklist, this should have helped you list out all of your requests and what should be passed on to your benefactors. If you are interested in learning more information about the basics of constructing your will, make sure to have a look at this useful video by The Law Society. It will help tie up any loose ends:

If you have any additional questions, remember to ask your specialist will creation expert from Gowing Law Solicitors. They can help put your mind at ease and solidify your will check list.

What should not go in a will?

Some parts of your property may not actually be yours to give away. It’s important to remember that some properties or assets already have a default heir listed upon your passing. These are some examples of what you should avoid putting in your will:

  • Living Trust Properties

A living trust will move straight to the beneficiary and completely skip probate. If you add it to your will then it may create contradictions, i.e. in who is the beneficiary.

  • Joint Tenancy Properties

As this is owned by both you and another person, the joint tenancy property will go to the “survivor.” This is known as the “right of survivorship.” It means that there is an automatic pathway to give the second owner the full rights to the property, including any accounts or savings.

  • Life Insurance

If you have a life insurance policy in place, it does not need to go into your will. This insurance policy will already go to a pre-arranged beneficiary. You can choose the beneficiary/ beneficiaries by updating your policy at any time.

  • 401(k)s, 403(b)s, pensions, and IRAs

If you have already created these financial agreements, then they will come with a set beneficiary/beneficiaries. That means you will need to update those contracts as often as you update your will. Just make sure that you keep them separate. That way they won’t contradict each other.

Finding a Will Executor

If this is your first will, it’s important that you enlist the help of someone who can be trusted to carry out the wishes of your will. This will be your Will Executor. Keep in mind that this can be two people if you wish to divide up the responsibility, such as your partner, children or perhaps a very close relative.

The duties of your will executor include:

  • Helping beneficiaries receive what is owed to them
  • Paying any bills owed by you or your estate
  • Tax Payments
  • Valuing and distributing your estate (depending on your will)
  • Appearing in court to settle disputes
  • Probate applying
  • Ensuring that they have the latest version of the will
  • Arranging your funeral

This can be quite a hard job, so make sure that your executor is present when you visit your solicitor for appointments about your will. They can inform your executor about how they can fulfill their responsibilities should they get complicated.

Corona Virus & Will Inquiries

Presently, the UK has experienced over 31,855 deaths due to the Corona Virus. This is why there has recently been an increase in will inquiries from many different areas of the UK. Svenja Keller, the head of wealth planning from Killik & Co has claimed:

“We have seen an increase in the number of enquiries regarding wills since the Coronavirus outbreak – roughly an increase of 50% compared to April last year – the majority of which are for new will clients.”

Now, you may feel like you do need a will. Covid-19 is an invisible threat that can affect anyone, especially if you are a part of the older generation. So, now that you understand the basics of making a will, you may be asking how you can make one for yourself. You can make one with the help of the Government website, but this may leave you confused if you are trying to adhere to social distancing policies.

This is why you may need the help of a Gowing Law Will Solicitor in Manchester to clarify your current situation. We can ensure that you remain completely safe in your home whilst we validate your will.

Making a Will during Lockdown

Over the last few weeks, Covid-19 has changed the way that we have all live our lives. Some people may be suffering from a unfair dismissal whilst others may have been furloughed whilst they isolate. If you want to keep yourself safe as you create your will, Gowing Law Solicitors can help you. We understand that you may want to keep all face-to-face communication at a minimum, which is why we will ensure that any discussion of your will can be over the phone or through a video call.

But this isn’t the only thing that can help you create your will. Read on below to learn the top 5 ways you can make your will without breaking social distancing regulations. You can apply these tips to both our solicitors and your witnesses.

Adhere to Social Distancing

Although it will be quite difficult to find witnesses to sign your will, all you need to make sure is that each of you can see each other sign the will. Make sure that each of your participants can add their names, addresses and signatures. Keep an eye on the latest laws and updates as the situation in the UK can change fast. On the 11th May 2020, there has even been news that the courts will reopen in Wales. Therefore, it is likely that more news on will construction may be coming up soon. Make sure to keep an eye on the BBC and their latest updates. Just remember, you can create a will during this challenging time. You may just need to get creative with how it is witnessed!

On your Behalf

Now, normally when you make a will, you will need to have two impartial witnesses that have no right to anything from the will itself. However, in some circumstances this may not be possible. For instance, if you have a serious illness, dementia or cannot sign the will on your own, you will need someone else to act on your behalf. However, you will need to have a confirmation that you are aware of the contents of the will, and that you were happy to have the will signed on your behalf. You must be fully aware of everything that was written in the will to ensure its validity. Make sure to tell your solicitor this as well. They will let you know whether or not you need a medical practitioner’s statement to confirm that you understand what you are signing in your will.

What to do if you already have a will?

It is normal to want to change your will around every 5 years. Your circumstances are not going to stay the same. People are going to come in and out of your life over time. Therefore, you need to be prepared for it.

If you want to change your will, then you can follow the same procedures as if you were creating a new will. Adhere to the social distancing policies and work with Gowing Law Solicitors remotely. We can look at your previous will, speak to you about what you want change and then help your draft up something new. We can work with you until you are completely happy with your new will. Then you will need to find witnesses to sign the new contract. Do not worry. We can help guide you through all of this, as we understand it may get a little tricky with the lockdown laws in place.

Any future minor amendments can be added to your will as a “codicil”. However, keep in mind that this must be signed and witnessed like your will. You do not have to have the same witnesses for any amendments that you make.

Gowing Law Solicitors can help you!

You can work on a will by yourself with the help of information on the internet. However, it is better to hire a lawyer to make your will. That way you can avoid common pitfalls and ensure your will’s validity. Gowing Law’s will experts can talk you through what you need to include in your will. They can offer specialist advice to ensure it is fully personalised to your wishes. Once it is completed, we can also keep it safe until you either need it or want to change it.

For more information, you may want to visit our will writing page. There you can learn more about our prices and services about making a will. From there, you can get in touch with our specialists. Check it out through our link below:

Contact our Manchester will lawyers now

If you have any questions about writing or changing a will during the lock down, please call Gowing Law Solicitors on 0800 041 8350 or email info@gowinglaw.co.uk. You can also use our contact page if you want to use our direct messaging system.

We look forward to hearing from you soon!

Writing a Will in the Corona Virus Pandemic

Posted on May 6, 2020 by - Blog, Covid-19, Uncategorised, Wills

You should not try will writing on your own. There comes a time when we need to think about our last will and testament. No one likes thinking about death. But eventually our age is going to start catching up with us and it’s extremely important to start thinking of the future.

The Corona Virus has made a lot of people start to think about their mortality and how they can protect their families. That’s why there has been a jump in will inquiries by 75%. A will can grant you peace of mind during this troubling time. After all, there is only so much you can do to protect yourself. If the worst comes to the worst, a will can ensure that you can help your family and friends even after you have passed. That’s why it’s crucial that you are able to contact an experienced solicitor to help you through the process.

Your Vulnerability to Covid-19

As you can see from the video, there is a higher chance that you may die from Covid-19 if you are older or have an underlying health condition. That is why the government has imposed a lock down of at least 12 weeks for these vulnerable categories of people. During this time, it is essential that you stay indoors, although you can open a window if you need fresh air. You must not visit anyone and impose social distancing from others who are not currently living with you. The people you live with may also need to discuss their work options so that they do not bring anything home that could be transferred to you.

This whole process is known as “shielding” and has probably given you enough time to yourself to think about the future and what are you going to do if the worst comes to the worst. According to deVere group’s CEO, Nigel Green, he has claimed that the current will enquiries from vulnerable people are due to “minds being more focused” on a post-death financial plan. More specifically, Green claimed:

”The corona virus pandemic has had an unprecedented, collective focusing-of-minds effect. Like too many aspects of financial planning, including retirement planning, drawing up a will is not something that most people rush to do. It remains ‘on the back burner’ until something, such as an illness or a change of circumstances, focuses minds.”

People have more time on their hands to think about their own personal lives thanks to social distancing. Without the distraction of work, socialisation and private matters, it is natural to think about the prospect of the future and how your family will be able to cope if the worst comes to the worst.

Why is it so important to have a valid will?

This is a time of uncertainty. You cannot possibly leave anything to chance, including your own health. You may be following all of the lock down rules perfectly, but there is still a chance that you could potentially catch Covid-19. That’s why it is important to consider what you want to leave behind if your children or family are struggling due to an unfair dismissal case once the pandemic has ended.

However, there are additional reasons why you need to consider creating a will in this pandemic:

As you can see, there are a number of emotional and logical reasons why creating a will can help both you and your family. Documenting your financial assets can help your family and friends organise themselves based on what your wishes were. During the grieving process, this can ease the burden on them, especially if they are your executor.

So, now that you have motivation to start creating your will, you may be considering how you can even begin whilst you are still under lockdown. Well, the answer is a lot simpler than you think.

The Basics of Will Creation: Corona Virus Edition

If you are interested in creating a will, it’s important that you understand what information you need to place in it. Yes, you may have assets, but you need to know precisely what you want to pass on to your friends, relatives and loved ones. Working with a Gowing Law Solicitor can help simplify the process, however until you make a consultation, we have made things easier with an infographic. Please see below for more information:

Remember, Gowing Law Solicitors can help you with this will creation process. If you bring us all the information that you want to put into your will, it can be constructed in an extremely organised manner. We understand that the Corona Virus has caused some difficulties in the will writing process. That’s why not all of these will writing legalities will be able to be adhered to in the future. If you are concerned about this, make sure to contact our lawyers for their advice. It is completely free.

The Call for a Laxing of the Law

Amongst this rise in will writing, some problems have occurred. As we are currently all self-isolating and are social distancing from each other, this has made it extremely hard to find witnesses to validate the will. Although there has been talk about video-calling being a way of getting around it, it has been agreed that a physical presence is still required in order to make sure that the will writer has not been forced and is of sound mind. That’s why the following options may need to be considered in order to get around it:

All of these ways will suitably ensure that you are kept away from people, whilst ensuring that you comply with will validation rules. With two witnesses saying that they signed and saw you sign your contract, that means that it is legally binding and will ensure your peace of mind.

If you want more advice on how to validate your will during the pandemic, please speak to our will specialists for their opinion. Although you cannot sign a contract with an electronic signature, the influx of will requests may soon change this.

The Use of a Trained Will Solicitor

Yes, you can create a will on your own, and can seek government advice to get started, but have you ever considered what will happen if you make a mistake in your will? This could destroy the validity of your writing altogether. It will not hold up and instead will force the UK court system to try and divide your assets up equally to your family. If that is not what you wanted then this could spell disaster for you!

Specialist will writers, like Gowing Law’s team of experienced will solicitors in Manchester, will ensure that no mistakes are made before, during and after the will writing process is complete. Here are a few examples of some benefits that may convince you further:

The Perks of having a Will Solicitor

  • You can avoid common mistakes that may invalidate your will.
  • Your solicitor will understand the formal requirements of making a legal will.
  • Your lawyer will take into account all of your money, property and assets available before making the will.
  • A solicitor will understand how to make quick changes to the will should your beneficiary die before the will-maker.
  • A lawyer will know how to simplify a complicated will and ensure that your wishes are carried out efficiently.
  • A specialist will be able to advice you and your executor how to hand out the assets of your will, even if there are assets or a business that are overseas.
  • You will have full control over the will, but your lawyer will be able to draft it in a way that is logical, understandable and valid. You can suggest any additional changes that you need.

Remember, you can hire multiple people to help you with your will. For instance, you can seek the advice of a solicitor, but if you are part of a trade union, they may offer a free will writing service. However, make sure that if you use their services, make sure that it belongs to The Institute of Professional Will writers. That way you can ensure that the will created will be completely valid.

How much does it cost to create a will?

Now, this depends on the solicitor that you decide to use and the complexity of your will. However, if you tend to use Gowing Law Solicitors, here are the following prices:

How long does it take for writing wills?

Again, this depends on how complicated your will is and how many assets you have. Gowing Law’s trained will solicitors aim to get you a draft of your will as quickly as possible after your initial consultation. Whether it takes a few weeks or a few months depends on your redrafts and how many financial obligations you have. Make sure to contact Gowing Law Solicitors to discuss your own situation and your will.

Ready to learn more about the law from our blog?

As we are all currently in lock down, Gowing Law Solicitors wants to entertain and inform our clients with large law blogs about a range of topics. This includes the basics of PPI tax, miscalculated mortgage claims and even UK immigration during Brexit.  Feel free to look at our blog page if you want to know more. We are confident you will like what you find. Happy reading!

Contact Gowing Law Solicitors for help!

Here at Gowing Law, we will prioritize your will to ensure that it is quickly validated. We understand that as we are all working remotely, this may make things quite difficult. However, we will work around your schedule and maintain social distancing. This way we can keep on track without any danger to you or your family. We will work with you to ensure that writing your will has your own personal touch. Our specialist will solicitors in Manchester are extremely sensitive and will treat your case with care. Make sure to provide them with as much information as possible. That way we can construct your will in a way that counts.

You can also contact Gowing Law Solicitors through our contact number (0800 041 8350) or through our email (info@gowinglaw.co.uk.). We would be happy to discuss any additional queries you may have about our will-writing series.

Keep safe, secure and stay at home!