Will writing
Will writing in Devon, built around your family
We help families make a Will. It starts with a conversation, not a form. We visit you at home anywhere in Devon and the South West, and arrange a Will built around what you want.
How the shares work out with no Will: an example
This is a simplified example. It assumes a married person with two children dies on or after 26 July 2023, leaving an estate of £500,000 in England and Wales. It leaves out household contents and interest. The rules are in the Administration of Estates Act 1925 and the 2023 Fixed Net Sum Order, which sets the first amount a spouse gets.
- Estate
- £500,000
- First share to your husband, wife or civil partner
- £322,000
- Half of the remaining £178,000, to your husband, wife or civil partner
- £89,000
- The other half, to your children between them
- £89,000
- Your husband, wife or civil partner in total, before household contents and interest
- £411,000
- Your children in total
- £89,000
27 Years of estate planning experience
STEP Affiliate Member, The Society of Trust & Estate Practitioners
Insured PII – Professional Indemnity Insurance
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Why it matters
What your Will decides
Without a Will, the law decides who gets what. That may be nothing like what you would have chosen.
Who inherits
Your Will names the people and charities who benefit, and what each one gets.
Who looks after your children
You can name guardians for any children under 18.
Who sorts out your estate
Your executors deal with your estate and carry out your wishes.
What if someone dies first
A good Will says what happens if someone you name dies before you.
Wills with Trusts
When a simple Will isn’t enough
Mirror Wills usually leave everything to each other and then to the children. If a partner remarries and makes a new Will, the children may not inherit. A Trust can help: Trustees, the people you choose, hold your share for your family. GOV.UK says to get advice if your Will isn’t straightforward.
Simple mirror Wills
You die first Everything goes to your partner.
Your partner remarries Their new Will could leave everything to someone else.
Your children May not inherit from either of you.
Wills with a Trust
You die first Your share goes into a Trust, managed by Trustees. A Trust can be set up to provide for your partner and keep the rest for your children.
Your partner remarries Your share is held by the Trustees, so their new Will may not affect it.
Your children Can still inherit your share.
A second marriage or stepchildren
If you have children from an earlier relationship, a simple Will can leave them out once your partner inherits.
Your partner remarries, after your death
If your partner remarries and makes a new Will, your children may be left out, because everything passes to your partner first.
A child’s divorce or debts
If a child divorces or has debts, an inheritance left to them outright may be at risk. A Trust in your Will can hold it for them instead.
A child who needs support
Money left outright to someone on benefits that depend on their savings can affect those benefits. For example, Universal Credit has a £16,000 savings limit. A Trust lets Trustees manage the money for them.
You own a business
Your share of a business may not pass as you expect without the right Will and agreements.
Inheritance Tax
Your tax-free allowances are what you can leave before Inheritance Tax is due. If your home and savings come to more, how your Will is written can change the bill.
Getting it right
Making sure your Will works
Small mistakes can make a Will invalid or out of date. These are the GOV.UK rules we follow.
Signing
Two witnesses, both watching
Both must be over 18 and see you sign. A witness, or their husband or wife, cannot inherit under your Will.
Marriage
Marriage cancels an old Will
Getting married cancels any Will you made before. You need a new one afterwards.
Every 5 years
Review it regularly
GOV.UK suggests a review every 5 years and after any big change. Changes need a codicil (a signed, witnessed addition) or a new Will.
How we work with you
Three steps, with a written plan and fee before you decide
We work in three steps. You see a written plan and fee before you decide to go ahead. Michael Doctors has 27 years of estate planning experience and is a STEP Affiliate Member. He comes to you, anywhere in Devon and the South West, or meets by video.
1. A first conversation
We look at what you own and who you want to provide for, and tell you plainly whether you need to do anything.
2. Your written plan
A written summary with the options that suit your family, and the fee to put them in place.
3. Implemented then supported
First drafts are normally 10 working days from instructing our solicitors depending on workload. Signed documents usually take one to two months and sometimes longer depending on complexity and client approval of drafts. Registering trusts with HMRC takes some weeks, and the Land Registry can take 12 months or more after that.
Michaels & Co is a specialist estate planning consultancy. Legal document drafting such as preparing trusts, applying for probate, HM Land Registry & HMRC work is carried out by our preferred partners, who are SRA-regulated solicitors, full STEP members and Tax & Trusts Corporations. All work submitted is compliance checked throughout the process through to delivery to you, the client.
★★★★★
“Michael Doctors has a natural ability to grasp complex personal circumstances and responds with clarity, professionalism, and warmth. He creates a calm, unhurried space to talk through sensitive topics.”
Nicola W.
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Questions
Will writing questions, answered
You see a written plan and fee before you decide to go ahead. These answers cover common questions about Wills.
How much should writing a Will cost?
It depends on how much your Will needs to do. With us, you see a written plan and fee before you decide to go ahead.
Can I write a Will without going to a solicitor?
Yes. GOV.UK says you can write your own, but should get advice if it isn’t straightforward. The signing and witnessing rules must be followed exactly, or the Will may not be valid.
Are Will writers as good as solicitors?
It depends who you use. Will writing is not a reserved legal activity in England and Wales. Reserved work is work only authorised firms may do, such as probate. Ask about experience, insurance and who checks the legal work. Michael has 27 years of experience and professional indemnity insurance.
What is a common mistake with a Will?
A common mistake is not updating your Will. Marriage cancels an old Will, and a new grandchild or a house move can change what you need. Another mistake is leaving everything outright, with nothing to protect your children’s share.
Do I need a Lasting Power of Attorney as well?
Often, yes. A Will only works after you die. A Lasting Power of Attorney lets someone you choose help with or make decisions for you while you’re alive. Many families make both at the same time.
What happens if I die without a Will?
The intestacy rules, the law’s default rules when there is no Will, decide who inherits. That may not match your wishes.
Related: Family Protection Trusts Lasting Powers of Attorney Inheritance Tax planning Probate Disability Trusts
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