Preparing a Will is one of the most important things you can do for your family

Rachel Scroggie, Private Estate Solicitor

Drafting a Will isn’t just about ticking a box; it’s one of the most important things you can do for your family. A Will helps you take control of your legacy and ensures that your loved ones are cared for just the way you want them to be. With the help of a qualified solicitor, you can create a Will that’s legally sound and tailored to your specific wishes.

Rachel Scroggie, a solicitor in Turley Legal’s Estate Planning Department, answers some common questions and misconceptions about Wills and Enduring Powers of Attorney.

Do I need a Will? 

Many people believe a Will isn’t really necessary, thinking their assets will automatically pass to their next of kin, who will have full access to their belongings. Unfortunately, in most cases, this is not true.

There are specific rules that apply to your estate if you die without a Will. These are known as the laws of ‘intestacy,’ and they determine who will inherit your estate in the absence of a Will.

These rules were drafted many years ago and do not account for modern families. For example, they do not provide inheritance rights for stepchildren or unmarried couples and can result in very difficult situations for blended families. Most surprisingly, spouses are not automatically entitled to the entirety of the other’s estate.

Creating a Will gives you control over how your assets will be distributed and provides assurance that an Executor appointed by you will protect your estate and act according to your instructions. Certain formalities must be observed to ensure your Will is legally valid, so it is important to consult a solicitor.

Why should I update my Will? 

It is important to review your Will every few years. Your Will should change as your personal circumstances change. For example, if you marry, you will need to create a new Will. Similarly, if you separate, you may need advice on how to protect your estate during the divorce process. It is recommended that after every major life event, you consider whether your Will needs updating.

What is an Enduring Power of Attorney? 

An Enduring Power of Attorney is a document that allows you to name someone to look after your financial affairs and make decisions on your behalf if you ever become unable to do so. The Enduring Power of Attorney cannot be used until predetermined circumstances arise. When triggered, the document is registered with the Office of Care and Protection, and the person you appointed becomes your Attorney. The Attorney must act in your best interests and for your benefit only.

When should I make an Enduring Power of Attorney? 

You should make an Enduring Power of Attorney as soon as possible, ideally with your solicitor, to prepare for unforeseen events like accidents or degenerative conditions. It serves as a valuable insurance policy, even if you never need it.

For more information or to schedule a consultation with Rachel, please contact Turley Legal at 028 9544 2470 or email hello@turley.legal.  Home visits can be arranged if required.