"Every aspect of the procedure was explained fully and in a professional manner. We would have no hesitation in using their services again and recommending them to friends and family."

Frequently Asked Questions When Making Wills

Who can make a Will?

Anyone can make a Will as long as they are over the age of 18 and have the mental capacity to understand the nature of preparing a Will.

Who shall I leave my estate to?

You should think about who you would want to nominate as beneficiaries of your estate if you were to die. (so, the people who would inherit your estate).  However, you also need to think about who you would want to receive your estate if the event that your primary beneficiaries were to predecease you.  

How long does it take to have my Will prepared?

This will depend on the instructions provided and the complexity of the Will. In most cases, we hope that you can sign your Will within 1 month of your initial appointment.

Is making a Will expensive?

We have different Will packages available therefore, depending on your needs and the complexity required a fixed fee can be applied.

Why do I need a law firm to make my Will?

There are many pitfalls to self-drafted Wills of which you may be unaware. Certain wording does not have the legal effect you think it has and this could mean that your wishes are not carried out. Unfortunately, when it comes to self-drafted and online Wills, at the time it becomes apparent the Will is not sufficient or does not provide for your wishes as you would like, it is often too late.

What is the role of executors and how many executors should I appoint under my Will?

The role of an executor is to deal with the administrative duties when you are no longer around. We usually suggest at least two executors with no more than four who you trust implicitly. You can also provide for backup executors in your Will should the appointed executor be unable to act.

Can Holmes & Hills Solicitors be my Executors?

Yes, Holmes and Hills can act as executors for you.

I have a Will, but have recently married, is my Will still valid?

Your Will is revoked unless it was specifically made ‘in contemplation of marriage’. If you do not make a new Will you will be deemed to have died Intestate.

What happens if I need to change my Will?

You should seek advice - the nature of the amendment would depend if a re-write of a new Will is required or whether a Codicil is prepared. A Codicil is a document which sits alongside your original Will updating certain clauses.

Do I need to change my Will if my spouse/partner passes away?

Not necessarily, this is dependent on how the Will had been drafted and whether it provided for backup provisions. 

I want to understand if I will pay Inheritance Tax when I die, can you help me?

Holmes & Hills can advise you about any potential Inheritance Tax liability.

What are Mirror Wills?

Mirror Wills are where a couple has an individual Will each which expresses the same terms and mirrors each other’s Will. 

I have heard couples can save on legal fees when making Wills, is that right?

Yes, when couples make Mirror Wills at the same time with Holmes & Hills Solicitors, subject to the complexity of the Will required and your and your partners’ wishes, you can save between 16% and 21% on legal fees compared to if you both made Wills individually.

I have young children; can I appoint a guardian for them if I die while they are still young?

We can assist you in appointing guardians for your children.

I’ve heard there is a way of protecting my assets for future needs, how does that work?

If you co-own a property with a spouse/partner, you can ring-fence your share in that property in trust.

This involves severing a joint tenancy, if the property is held as joint tenants.  This will then mean you each own 50% of the property as tenants in common.  When the first spouse/partner dies their half of the property falls into a life interest trust, therefore, if the survivor needs support in their old age at any point, the Local Authority can only access the funds from the 50% owned by the survivor as the other 50% ownership of the deceased spouse/partner is held in trust.  

Holmes & Hills can explain to you how you can use your Will to give effect to this.

Talk to us about making your Will

Holmes & Hills Solicitors has a team of specialist lawyers that can give you expert advice and who provide a professional Will drafting service that ensures your Will meets your wishes. Our team operate from all five of our offices across Essex and Suffolk, these being located in Braintree, Sudbury, Halstead, Coggeshall and Tiptree. You can meet with one of our lawyers at which ever is most convenient for you.

 

Call us on 01367 320456 (Essex) or 10787 275275 (Suffolk).


Get in touch

Key people

Deborah Abbott
Deborah Abbott

Senior Chartered Legal Executive in Private Client Team
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daa@holmes-hills.co.uk

Andrew East
Andrew East

Senior Chartered Legal Executive in Private Client Team
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ale@holmes-hills.co.uk

Sue Carlile
Sue  Carlile

Senior Solicitor in Private Client Team
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sc@holmes-hills.co.uk

Michelle Cochrane
Michelle  Cochrane

Senior Solicitor in Private Client Team
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mac@holmes-hills.co.uk

Edward Popham
Edward Popham

Senior Solicitor in Private Client Team
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egp@holmes-hills.co.uk

Vanessa Santomauro
Vanessa Santomauro

Senior Solicitor in Private Client Team
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vs@holmes-hills.co.uk

Dean Stanhope
Dean Stanhope

Associate Legal Executive in Private Client Team
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djs@holmes-hills.co.uk


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