Stop putting it off and protect your loved ones
If you’re just getting started on making a Will, you probably have lots of questions. You may be wondering what you need to include, and how you can be sure that your Will is legally binding. And then there’s all that legal-speak to grapple with. Without help, it can all feel pretty confusing.
So, to help you along, we’ve put together this easy-to-follow guide containing everything you’ll need to know when writing your Will. We suggest you have a read through this guide before you complete your online Will and refer back to it whenever you need to.
There are many reasons why people don’t make a Will, but sadly, all too often it’s because they don’t realise the serious consequences of dying intestate. ‘Intestate’ and ‘intestacy’ are the legal terms used to describe when a person dies without a legally valid Will.
Sometimes people don’t write a Will because they mistakenly think those they love will receive their possessions and money automatically. And sometimes people think they don’t have assets high enough in value for a Will to be necessary. Both of these beliefs are based on myths and aren’t true.
If you are a sole trader, you are free to decide what happens to your business after your death. That is also true if you own 100% of the shares in a company. In these circumstances, you may choose to gift your business or your shares to someone in your Will.
Witnessing a Will is a big responsibility and choosing the right person to take on that responsibility is an important decision to make. As part of the Wills Act, witnesses are necessary to ensure the document becomes official and legally binding. It is very important to understand who can and cannot witness your Will and how the process should take place in order to ensure your Will is watertight and cannot be contested or declared invalid at a later date.
A Lasting Power of Attorney (LPA) is a legal document that permits someone to make decisions or act on your behalf. The person you nominate is known as an ‘attorney’. An LPA can come into effect in two circumstances; at a time when you decide you no longer want to make decisions by yourself, or, at a time when you lose the mental capacity to do so.
When an individual makes a Power of Attorney (POA) they draw up a legal document to grant someone, or more than one person, permission to make important decisions on their behalf. The powers only come into effect at such a time as the person making the POA, who is known in legal terminology as the ‘donor’, either chooses to hand over responsibility, or loses the mental capacity to do so.
Stop putting it off and protect your loved ones