Wills

Making a Will is one of the most important steps you can take when planning for the future. A professionally prepared Will gives you greater control over what happens to your money, property and possessions after your death. It can also allow you to appoint people you trust to deal with your estate, make provision for those you care about and, where appropriate, appoint guardians for children under 18.

At Newquay Wills & Estates we understand that talking about what happens after you die is not always easy. Our approach is straightforward, personal and supportive. We take the time to understand your circumstances and wishes before helping you put the appropriate arrangements in place. Whether you are making your first Will, reviewing an existing Will or have experienced a significant change in your family or circumstances, we are here to help.

What is a Will?

A Will is a legal document setting out your wishes for what should happen to your estate after your death. Your estate may include your home or other property, savings, investments, personal possessions and other assets you own. A Will can be used to specify who you would like to benefit from your estate and who you would like to be responsible for administering it.

Depending upon your circumstances, your Will can also address matters such as guardians for children, gifts to particular people or charities and arrangements for beneficiaries who may need additional consideration. Making a Will therefore isn't simply about deciding who receives what. It is an opportunity to consider your family, your responsibilities and the legacy you would like to leave behind.

Why should I make a Will?

There are many reasons to make a Will, and these will be different for every individual and family.

You may want to:

• Decide who should inherit your estate;

• Provide for your husband, wife, civil partner or partner;

• Provide for children or grandchildren;

• Appoint guardians for children under 18;

• Choose people you trust to administer your estate;

• Leave a particular gift or possession to someone;

• Leave a gift to a charity;

• Make appropriate provision for a more complicated family situation; or

• Simply have the reassurance of knowing that you have clearly recorded your wishes.

Your Will should reflect your circumstances rather than being treated as a standard document. That is why we take the time to understand what matters to you before preparing your Will.

What happens if I die without a Will?

If you die without leaving a valid Will, you are said to have died intestate. Instead of your estate being distributed according to wishes set out in a Will, the law determines who is entitled to inherit under the rules of intestacy. Who inherits will depend upon your family circumstances at the time of your death.

This can produce a very different outcome from the one you might have chosen yourself. It is particularly important for unmarried couples to understand this. Living together does not create a "common law marriage" in England and Wales, regardless of how long you have been together.

An unmarried partner does not automatically inherit under the intestacy rules simply because you have lived together as a couple. Making a Will can therefore be particularly important if there are people in your life whom you want to provide for but who may not otherwise inherit automatically.