October is Free Wills Month
Zibiah Loakthar, our Cuimhne Coordinator writes:
Have you never made a Will?
Have you made a Will that needs updating in line with changed circumstances or wishes?
If yes, then read on!
Many of us put off making a Will. This may be because we are too busy, or do not wish to dwell on the idea of death, or find it stressful to think about these things, or do not know how to make a Will, or feel we have nothing of importance to make a Will about, or think that it is of no benefit to do, or simply do not plan to die any time soon.
No one has to make a Will. But here are some reasons why people might make a personal choice to do so:
Why make a Will?
A Will may help the people who care about us to understand our wishes.
A Will may avoid financial problems for a partner. Unmarried partners or partners with whom there is no registered a civil partnership cannot inherit from each other unless there is a Will.
Making a Will may save our family members and friends time, money, and stress. Without a Will relatives or friends will have to go through a legal process to apply for probate to manage our affairs.
Making a Will clearly stating our wishes may help prevent family disputes.
We can express our own choices for funeral arrangements in a Will.
A Will enables us to express our choice of person to look after any dependent children.
We can express our choice of person to look after our pets in a Will.
Making a Will can help us to plan for provision of care of others.
Putting our affairs in order may give us some peace of mind.
It is worth doing sooner rather than later as we do not know when we may die.
It is worth doing while we can as we may find ourselves unexpectedly in a health situation where we are unable to express our wishes.
Considerations when making a Will
A Will can be made at any time.
There is no need for a Will to be drawn up or witnessed by a solicitor. We can make a Will ourselves.
However, Citizens Advice suggest “it is generally advisable to use a solicitor or to have a solicitor check a will you have drawn up to make sure it will have the effect you want. This is because it is easy to make mistakes and, if there are errors in the will, this can cause problems after your death. Sorting out misunderstandings and disputes after your death may result in considerable legal costs, which will reduce the amount of money in the estate.”
If paying a solicitor to draw up or check a Will, it is a good idea to first ask about fees. For possible costs when making a Will please click here.
When making a Will it may be possible to access a solicitor for free.
Some trade unions offer a free Will writing service.
Will Aid is a partnership between the legal profession and nine UK charities. Every November, participating solicitors waive their fee for writing a basic Will.
Free Wills Month takes place twice a year in March and October. This is a chance for anyone aged 55 and over to have their Will written or updated for free.
Around 200 registered charities take part in Free Wills Month. Charity causes range widely and include Age UK, British Heart Foundation, Guide Dogs, Marie Curie, Mind, National Society for Prevention of Cruelty to Children and St Mungo’s.
People are asked to consider leaving a gift to charity when making their will through the Free Wills Month scheme, but there is no obligation to do so. Should you wish to leave money to charity in your Will you do not need to restrict your choice of charity to one of those registered with Free Wills Month.
Ahead of speaking with a solicitor, it is a good idea to take these steps:
1. Work out the value of your estate (the value of all you own, minus any money you owe)
2. Decide who you wish to provide for (eg relatives, partners, friends, charities)
3. Decide who you wish to nominate as guardians of any dependent children and check people are happy to be nominated
4. Choose your executors (someone you nominate and entrust, to carry out the instructions in your Will after your death)
5 Make a list of any questions you would like to discuss or seek advice about
Free Wills Month has created a free wills planner that may be helpful to complete ahead of any conversation with a solicitor:
How To Make a Will in Free Wills Month
Solicitors participating in Free Wills Month are based across England, Northern Ireland and Wales.
People over the age of 55 may contact a local participating solicitor from the first day of Free Wills Month to request an appointment. The actual appointment itself may take place at a later date. Slots are limited so it is advisable to make contact at the beginning of the month for the best chance of arranging an appointment. Please see www.freewillsmonth.org.uk for details of participating solicitors.
Other support
Making a Will is a practical thing to do but for some of us it may be emotionally difficult. Local community and voluntary sector organisations may offer support. Please check our website here if you would like details of the nearest Irish community organisations to you:
Thinking about Wills and the end of our lives may awaken our unsettling thoughts and feelings about people we have lost in our lives. Organisations that provide support with bereavement and grief include:
The Good Grief Trust - thegoodgrieftrust.org
Winston's Wish - Free national helpline on 08088 020 021 - winstonswish.org
Grief Encounter - Free helpline: 0808 802 0111 - griefencounter.org.uk
Bereavement Trust - Free helpline: 0800 435 455 - bereavement-trust.org.uk
Organisations that can offer a listening ear include:
The Samaritans free Helpline 116 123
The Society of Later Life Advisors (SOLLA) has been recommended to our Irish in Britain Cuimhne team by Age UK as a good organisation for advice on financial issues for later life. SOLLA aims to meet the need of people seeking advice about the financial issues in later life by ensuring they can find an Accredited Adviser local to them. This is a paid service
You may be interested to watch some of our Irish in Britain Cuimhne recorded webinars available here including the webinar on Legal and Financial considerations.
Glossary of Terms when Will-Making
The Free Wills Month Will planner contains a helpful glossary on the language of will-making
These are some of the words and terms you might encounter when making your Will.
Administrator: A person appointed by law to finalise your affairs if you die without leaving a Will.
Beneficiary: Anyone who receives something from your Will.
Bequest (also often called a legacy): A gift in a Will. Gifts are normally pecuniary (a specific sum of money), residuary (generally stated as a percentage share of what is left after all other gifts have been made) or specific (a particular item or property).
Codicil: An addition or amendment to an existing Will.
Estate: The total value of everything you own at your time of death, minus any outstanding commitments.
Executor: A person you appoint to make sure the wishes stated in your Will are carried out.
Guardian: A person appointed by a parent to look after their children in the event of their death before the children reach adulthood.
Intestacy: The situation that exists if you die without a valid Will.
Inheritance Tax: A tax levied at 40 percent of the value of your estate over the first £325,000. Gifts to your spouse or a charity are exempt.
Probate: The process that determines whether your Will is valid.
Testator (male) and Testatrix (female): The person making the Will.
Trust: A provision you can put in your Will to treat part of your assets in a particular way after your death.