Department > Wills & Estates > Wills (including Living Wills)
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About Wills (including Living Wills)
 

Wills
Many of us do not make a Will before we die. This can lead to unintended consequences and can result in loved ones missing out on their inheritance. Writing a Will can be a difficult task without expert help. However, at W. Davies, we can provide specialised advice on this – to give you peace of mind. We can also ensure your loved ones receive as much of your estate as possible by means of appropriate Inheritance Tax Planning – by minimising the amount the Revenue can take by way of Inheritance Tax. If you and your partner are concerned about your estates being significantly reduced due to the care fees of the survivor, we can write your Wills in such a way as to reduce this worry.

Are you concerned about monies passing to your children if you are in a second marriage, but also want to ensure your spouse is looked after? Perhaps your Will leaves money to individuals subject to their attaining a certain age. Possibly you wish money to be held in Trust for individuals. ‘Hidden’ tax implications could be a danger to your plans - in terms of income tax, capital gains tax and ongoing inheritance tax implications until those individuals receive the funds absolutely. If you have a Will written in these terms, we would thoroughly recommend that you let us review your Will, then he can advise you of any hidden tax implications and suggest ways to reduce those tax burdens.

We can also advise you upon and assist in the preparation and validation of Statutory Wills - for use where the living Testator or Testatrix lacks the capacity to make a Will, or where a Will has been made under dubious circumstances or does not reflect the current situation. At W. Davies, we have the requisite knowledge and experience to apply to the Court for such a Will. If you already have a Will, we can review it for you. This would ensure it is up-to-date with current legislation and would make certain that it still reflects your wishes. Furthermore, such a review would potentially save as much as possible of the inheritance for passing to your loved ones.

Why make a Will with W. Davies?
We will help you to ensure that your Will is valid and effective. Our experienced and qualified Solicitors will guide you through the process carefully. Some of our lawyers are members of the Society of Trust and Estate Practitioners (www.step.org) and Solicitors for the Elderly (www.solicitorsfortheelderly.com). Making a Will should be an interactive, face-to-face process with the opportunity to ask questions and discuss matters. Signing the Will should also be professionally supervised to ensure that the Will is declared valid on your death. Before you are tempted by the £60 Will, consider that many will-writers are completely legally unqualified and uninsured. Many will be untraceable in years to come. In nearly all cases, the advertised rate will not be what you pay as will-writers usually levy extra charges. We have come across unfortunately a lot of Wills drafted by will-writers that are simply not worth the paper they are written on, which only creates financial and emotional implications for your beneficiaries.

Living Wills
A Living Will (also known as an Advanced Directive) allows you to dictate your medical treatment in the event you are unable to provide your consent in the future. For example, a Living Will could dictate that if you were in a vegetative state with no chance of recovery, then all medical assistance would cease and you would not be given medication, food, etc. Alternatively, the Living Will could dictate that if you were in a vegetative state then you should be given as much medical treatment as possible in order to keep you alive as long as possible. Our Private Client Department Solicitors can offer you specialist advice in preparing a Living Will.

For more information about this please contact Alexandra Milton on akm@wdavies.com or Fiona Gould on feg@wdavies.com

Alexandra Milton
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