If you are feeling anxious about having your Will prepared, you are not alone. This is a very common feeling, and indeed a very understandable one.
Confronting difficult topics – the issue of one’s death, the dynamics of family, and making decisions re who to name in your Will, can feel like a very daunting task. Many people also worry about costs, and feel anxious at the thought of visiting a solicitor.
This article aims to offer some reassurance re the Will writing process, and how you can take the first steps.
Who needs a Will?
First, let’s take a quick look at the some of the people who need a Will:
- People who have young children. It is important to note in writing who you would wish to appoint as Guardians to your children, and a Will is one of the best ways of formally doing this. A Will also allows you confirm what age you would wish your children to inherit, by establishing a trust (if you so wish).
- People who own their home. If you own a heritable property, Confirmation (Scottish Probate) will be required before your executors can sell or transfer it. Having a Will in place streamlines this process greatly.
- People who have cash assets like bank accounts, shares, pension pots and life insurance that isn’t written into trust. Again, it is likely (depending on values) that Confirmation will be needed before your executors can deal with assets, and a Will streamlines the process.
- People who have beneficiaries they wish to ensure inherit their estate; and/or family members they’d wish to ensure do not benefit from (or have control over) their estate. If you don’t have a Will, the law decides who can be appointed executor and who will receive your estate. This may well not be the people you would have chosen. The only way to ensure that you choose your executors and beneficiaries, is to have a Will.
Many people do not realise they need a Will until it is too late, and often people avoid or delay the matter entirely – not because they don’t understand the importance of having a Will prepared, but because emotional hurdles and the decision-making process can feel too overwhelming.
Reframing the perspective
Perhaps one of the more common fears re the Will writing process is that people worry they are ‘tempting fate’.
Whilst it is perfectly natural to think in these terms, the reality is quite the opposite – it provides peace of mind. A Will isn’t a legal document about death, but rather a document to ensure your wishes are met, your loved ones are protected, and that there is reduced stress to your friends and family at a time which is already difficult for them.
Death is something we all must face, and writing a Will is not about dwelling on this. It is about putting sensible arrangements in place, and clear guidance re your wishes.
It provides reassurance for you and your loved ones, and once the Will has been prepared, you do not require to think about it again (unless you ever wish to change it).
It’s likely easier than you think
Another part of Will writing which worries many people is that the process might be difficult and complex. In reality, Will writing can be very straightforward.
You can start with taking a few basic initial steps yourself:
- Make a list of who you would like to benefit from your estate;
- Make a brief list of what assets you have;
- Arrange an initial appointment or telephone consultation with your solicitor. These days, appointments can often be conducted via video call, as well as in person.
Bear in mind that you don’t need to have it all figured out right away. Often, the discussions you will have with your solicitor will help appease any uncertainties, give you the opportunity to discuss options, and help you make final decisions.
Having even a simple Will is better than none – you can add to, remove, and change this later if circumstances change or you change your mind (as long as you remain capable).
Costs
The costs of preparing a Will is another common concern for many people. Whilst there is a fee for having a Will professionally prepared, any cost of so doing will certainly be considerably less than the ultimate cost to your estate in not having one.
Many people are also often pleasantly surprised that the fees are less than they had anticipated.
Delaney Graham Solicitors believe in being transparent re our fees from the outset. Our fee for a basic Will starts at just £200 plus VAT, and this includes all meetings, advice, preparation of the document, professional witnessing of the Will, storing this on your behalf, and sending you a copy.
We believe this is excellent value for the peace of mind in having your Will professionally prepared.
It doesn’t need to be daunting
At Delaney Graham, we realise that preparing your Will is a sensitive and important topic.
For that reason, you are guaranteed to have an experienced solicitor deal with this for you from start to finish. We are a very client-focused firm and aim to support you professionally, but with a personal approach.
We also understand that the environment in which legal advice is given is important – our offices are bright and welcoming, with our meeting room (on the ground floor) in central Glasgow designed to help you feel comfortable and at ease. We are also happy to facilitate video calls, and our technology is modern and up-to-date.
Contact us
If you would like more information regarding writing your Will or to arrange an appointment to discuss this further, please contact one of our solicitors, who will be happy to help you:
Dianne Kay – d.kay@delaneygraham.co.uk
Michelle Orchard – m.orchard@delaneygraham.co.uk
Asma Munir – a.munir@delaneygraham.co.uk
