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Ask a Lawyer a Wills & Probate Law Question Now


Call us 0800 0931 528

Or email advice@lawyersonline.co.uk



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Rosie Houghton LLB


Solicitor (27 years of experience)

advice@lawyersonline.co.uk



Outline of our Questionnaire


You will need to appoint the Executors and Trustees of your Will. A person will need to be chosen, preferably two people, to manage your estate and distribute your property in accordance with the terms of the Will in the event of your death. We will need full names and addresses.


We will also need to appoint a replacement executor in case one of the named executors is unable to act. It is common but not essential for one of the executors to be the person who is to benefit the most from the will and the other a family member or close friend. Most importantly they must be reliable, trustworthy and over 18 years of age.


Guardians


If you have children under the age of 18, you should appoint a guardian to take care of them in the event that they should be left without any parents.


Specific Gifts


If it is your intention to gift specific property then we will require a list of your assests, property, bank accounts, savings, investments, business interests, personal property any digital assets, and whether they are solely or jointly owned.

Furthermore we will require details of who you would like to gift your specific property to. If the gift is a house, then it is important to state whether it is subject to the payment of mortgage or not.


Pecuniary Legacies


Details of who you would like to gift a sum of money to. These can be individuals, children grandchildren or charities.


Gifts to children


If it is your intention to make a gift to a minor then it is normal to nominate an age at which the child will inherit the capital, 18, 21, 25 or otherwise.


Residuary Gift


After specific gifts and legacies, payment of debts, tax and expenses, we will need details of who you would like to gift the balance, ‘the residue' to.


This will be dependent on your personal circumstances and whether children are involved. You may wish to give the residue of your estate to an adult, (such as your spouse), but should they fail to survive you by 28 days provide for your children to take it instead in equal shares.


Alternatively you may wish to give the residue of your estate to an adult, and provide for another adult should the first fail to survive you by 28 days.


You may prefer to give the residue of your estate directly to your children.


Draft Will


Once we have received the completed questionaire, we will need proof of name and address. Typically this simply requires a copy of your passport/driving license and a recent utility bill.


You will then receive a draft copy of the Will via email for your consideration. Once this has been approved and finalised we can move onto the final stage.


Witnessing of the Will


Once payment has been made and proof of name and address has been received we will be able to complete the process.


This will be done with 2 independent witnesses to witness all signatures altogether.