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Will Writing

Will Writing is often overlooked, but, with the support of our experienced solicitors, the process can be made quick and simple. The lawyers at Rowlinsons are on your side and by your side to ensure that you receive specialist legal advice.

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Wills & Will Writing Solicitors Cheshire

Planning for the future is crucial, but we often leave it too late. Working together with our team of qualified solicitors, appreciative of the sensitivities of writing a Will can ensure your family remains protected upon your passing. Many people do not create a Will because they feel they do not have significant assets or that it’s too expensive. However, not planning for the future can create difficulties for your family at an already distressing time, which may result in your estate not being distributed as you would like.

A Will is possibly the most important legal document any of us will ever have to make, so you’ll want to ensure you seek a trusted partner to take care of all the intricacies surrounding the Will-writing process. Highly commended in the October 2023 British Wills and Probate Awards, Rowlinsons Solicitors has been recognised for its achievements and success in the Wills and probate sector.

Our friendly and highly approachable team takes the time to understand your concerns and circumstances with a view of providing empathetic but straightforward and practical guidance, providing local Will Writing services in Cheshire and beyond. We aim to ensure that you set out your wishes clearly and effectively whilst minimising the risk of future issues for your loved ones.

Along with helping you write your Will, we can also assist with other related matters, including updating an existing Will and providing guidance on gifts, trusts and inheritance tax (IHT) planning. At the same time as writing a Will, we also find that many of our clients want to make a lasting power of attorney and we can also advise on the same.

Our Will Writing Solicitors in Cheshire have helped thousands of people over the years from across the North West to plan for the future. Our expert team can support you when it’s time to consider your will, wherever you live in England and Wales.

Our clients include everyone from those with limited assets looking for peace of mind to those with high-value and complex assets who need specialist support and estate planning advice.

Whatever stage of life you are at, if you are thinking about the future and want to make the best provision for your loved ones, our Will Writing Solicitors will give you clear and practical advice to help you build the plans you want.

To make an appointment, please call 01928 617 054 or click here for a call back.

Do I need to write a Will?

Many of us tend to push things to the back of our minds that don’t need immediate attention—writing a Will is a prime example. Rather than looking at the subject of Wills as morbid, you could approach the matter as a fact of life and something that will ensure that your home, family and future generations have the protection and care you want them to have in a manner precisely designed by you.

A Will is essential for ensuring your loved ones are cared for after your passing, providing a clear plan for the distribution of your assets, securing tax exemptions or relief for your beneficiaries and setting up protective measures for your estate across generations. It details who will execute your Will and specifies your preferences for your funeral. Crucially, a Will covers provisions for the guardianship of children, whether they are under 16 or have grown up, ensuring your wishes are respected regardless of when you pass. By organising these critical elements, your family and loved ones will experience a smoother transition and be better supported during a difficult time.

What will happen if I do not write a Will?

Should you pass without a Will, the law will decide who will inherit your assets under the rules of intestacy, the results of which might not be what you wanted. Consequently, the people you would have wanted to look after your affairs and inherit your possessions may not automatically do so. With this in mind, seeking advice from a Will Writing Solicitor is crucial in setting out your wishes.

The rules of intestacy do not recognise step-children or unmarried partners. Therefore, without a Will, your assets will unlikely get passed to those closest to you.

If you have previously been separated but never divorced, your estranged spouse will inherit your estate and be responsible for its administration. If your children are under 18, you will not have a say in who looks after them, nor will you have control over the age at which they receive their inheritance.

You would be unable to donate to your favourite charities, and there would be no provision made for those not directly related to you. The crown could even obtain your estate if the law finds no blood relatives.

To give you peace of mind that your loved ones and their interests remain protected in the future, you should arrange to write your Will as soon as possible.

How to ensure my Will is followed

If you want to ensure your assets are distributed according to your wishes after your passing, drafting a Will is a crucial step. As a Will is one of the most important legal documents you will ever create, it should be drafted correctly to ensure you remain protected. If you don’t do it right, it could render the whole thing invalid.

At Rowlinsons Solicitors, we stress the significance of personalised expert legal guidance when drafting a Will. Our dedicated Will Writing Solicitors will ensure that every aspect of your Will is carefully crafted to meet your specific needs.

If this is your first experience writing a Will, our team is available to offer comprehensive support, offering straightforward and clear advice to give you the peace of mind that your loved ones will handle your estate exactly how you wish.

We can assist you in numerous key areas, including but not limited to:

  1. Drafting your Will: We can help you to create a Will reflecting your specific intentions for your estate, ensuring your document is legally sound and you distribute your estate precisely as envisioned, preventing potential distributions among your loved ones.
  2. Choosing your executors: Your executor is the person who will be responsible for administering your estate according to your Will’s terms, so selecting this person is a crucial decision. We will guide you through choosing a reliable executor who you are confident will fulfil your wishes as you intended.
  3. Valuing your estate and advising on IHT: When considering potential IHT implications, along with other factors, understanding your estate’s value is vital. We can offer a detailed valuation of your assets, delivering strategies to minimise IHT and maximise your beneficiaries’ inheritance.
  4. Providing instructions for your funeral: If you would prefer, your Will can also include specific instructions for your funeral to ensure your loved ones respect your final wishes. Making these decisions in advance can be beneficial for your loved ones, alleviating them of the burden during an already difficult time.
  5. Making a lasting power of attorney: Alongside your Will, having a lasting power of attorney ensures that, should you become unable to manage your own affairs, there will be someone you trust to do so; this can provide security for your health-related and financial decisions in the future.
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Can I update an existing Will?

It is natural for our wishes to change over time. If you already have a Will but find your circumstances are different, you should review and amend your document to ensure it aligns with your intentions.

If you’d like to update your Will, we offer expert guidance on:

  1. Understanding the effects of your existing Will: We will review your current Will to fully understand its implications and identify any aspects that may no longer align with your wishes. There may also be changes in the law that could affect its validity or execution.
  2. Advising on changes: If you would like to make changes to your Will, we will explain the implication of these changes on your estate and beneficiaries to ensure any adjustments made are in your best interest.
  3. Modifying your existing Will with a codicil: Adding a codicil could be the most straightforward solution if you need any minor adjustments to your Will, supplementing your existing Will and allowing for modifications without needing a whole new document. We ensure this addition is legally binding, seamlessly integrating with your original Will.
  4. Making a new Will: If you require significant changes to your Will, which can happen in some cases, we may advise that you draft a new Will. We can guide you through this process, ensuring your new Will accurately reflects your current wishes, protecting your beneficiaries and providing them clarity.

Advice on gifts

Making gifts from your estate during your lifetime enables you to see the benefits whilst you’re still here; it can also offer potential tax advantages. However, it is crucial that you take legal advice regarding these gifts. We can advise on all types of lifetime gifts and related issues, including:

  1. Annual gift allowance: Using your annual gift allowance can reduce your estate’s value for IHT purposes over time. We can show you how to maximise this allowance effectively to benefit you and your recipients.
  2. Wedding gifts and other tax-exempt giving: Some gifts can be exempt from tax, including those given for a wedding or civil partnership. We can advise on the limits and conditions of these exemptions to enable you to give more generously without facing additional taxes.
  3. IHT and the ‘7-year rule’: You must understand the implications of the 7-year rule on lifetime gifts, as those more than seven years before your death are typically exempt from IHT. We can explain the intricacies of this rule, including its exceptions and how it applies to your gifting strategy.
  4. Gifting your home: Gifting your home to your children or others is a significant move with complex legal and tax considerations. We can guide you through the process, ensuring you understand the potential implications of IHT and how your living arrangements will be affected.

At Rowlinsons Solicitors, we aim to provide advice that ensures you can make your generous gestures in the most beneficial way possible for you and your loved ones. Our goal is to make lifetime gifting as rewarding and straightforward as possible.

Trust & asset protection

A trust can potentially allow you to protect assets such as your home from IHT or care home fees whilst ensuring your loved ones remain protected at the relevant time. We can advise you on all of the legal implications that you need to consider, including:

  1. Setting up a trust in your Will: Arranging management for certain assets for beneficiaries after your death is ideal for minors or those not yet equipped to handle an inheritance. We guide you through establishing a trust that complements your estate plan and secures your assets for the intended parties.
  2. Lifetime trusts: If you create a trust during your lifetime, this can offer immediate tax advantages and asset protection. Deciding between revocable or irrevocable trusts can be challenging, and we can help you to navigate this process based on your objectives (i.e. minimising IHT or protecting assets against care costs) to ensure your assets stay looked after according to your wishes.
  3. Administering a trust: Managing trust assets and ensuring distribution as intended is critical for trustees. We offer trustee support concerning legal, tax and administrative duties, simplifying the process whilst adhering to the trust’s objectives.
  4. Tax implications of the trust: Tax matters concerning trusts can be complex, as various taxes are applicable depending on trust type and assets. We advise structuring your trust to be tax-efficient, maximising benefits for you and your beneficiaries whilst ensuring legal compliance.

Inheritance tax advice

IHT can make a crucial difference to the value of the assets you leave to your loved ones, so it is critical to have a skilled IHT planning solicitor to understand the IHT rules and how to potentially minimise the tax burden on your estate when you pass away. We can provide clear, effective advice on issues including:

  1. Using your nil-rate band effectively: By strategically distributing your assets, you can use your IHT-free allowance to your advantage. We can guide you on how to apply this allowance to reduce your estate’s taxable value.
  2. Leveraging transferable and residence nil-rate bands: You can take advantage of additional allowances for your home and transfer unused nil-rate bands between partners, potentially doubling your estate’s tax-free amount. We can show you how to optimise these bands for maximum IHT savings.
  3. Gifts and trusts for IHT reduction: If you want to reduce your estate’s value and its IHT exposure, you can achieve this through timely gifts and setting up trusts. We can explain the rules for gifting, including exemptions and how trusts can protect assets from IHT, enabling you to reduce your tax liability.

Contact our Will Writing Solicitors

Writing a will can be a complex process, so having the support of legal professionals with years of experience can take much of the stress away. Rowlinsons’ team of Will Writing Solicitors are an integral part of our wider wills, trusts and estate planning team who support clients throughout the country and prides itself on the excellent level of client care and satisfaction that has made us a leading law firm in the area.

When you choose Rowlinsons for your Will Writing, you can rest assured that your best interests will remain protected, and your estate will be distributed as you wish. Whether you have a moderate estate, own property, or have a portfolio of sizable, valuable assets, we can help you.

Our Solicitors in Cheshire based in our Frodsham and Runcorn (Sutton Weaver) offices regularly help clients through their will writing and estate administration process throughout the Northwest region, including St Helens, Widnes, Warrington, Chester, and Northwich. We can act for clients across England and Wales, so talk to our team today.

Call us today for an initial no-obligation call, or click here for a callback. We also have meeting facilities in North Wales for family law clients.