Frequently Asked Questions
Simple answers to your common questions.
What happens if I die and I don’t have a Will?Ben Stones2021-10-19T09:37:13+01:00
- If you die without a Will, the intestacy rules apply. The intestacy rules set out who inherits, at what age and what amount of your estate they inherit.
- The Government’s website has a useful tool to show you how your estate would be distributed if you die without a Will: https://www.gov.uk/inherits-someone-dies-without-will
Joint Will, Mirror Will or Mutual Will?Ben Stones2021-10-19T10:03:39+01:00
- A Joint Will is where two people, normally a married couple, set out their wishes in one combined document.
- A Mirror Will is where two people each have separate Wills, but the terms of each Will are the same.
- A Mutual Will is where two people expressly agree that they will not amend their Will after the first person has died.
Where do I store my Will?Ben Stones2021-10-19T10:05:25+01:00
- Your Will belongs to you and you choose where to store it.
- As a client of Humber Law, we recommend you store your original Will with us. This service is free of charge and gives you the peace of mind that your Will is safe, secure and easy to find by your beneficiaries.
How will my beneficiaries know where my Will is stored?Ben Stones2021-10-19T10:06:09+01:00
- The easiest way is to let your beneficiaries know you have made a Will and that it is stored with Humber Law. We can email them with our contact details if that would assist.
- In addition, we can also register your Will on the Certainty National Will Register. This can make it easier for your beneficiaries to locate your Will if they do not know where it is stored.
What is a Guardian and when do they act?Ben Stones2021-10-19T10:06:37+01:00
- A Guardian is the person who will have parental responsibility for your children.
- Guardians can act if both parents die before your children are aged 18.
At what age do beneficiaries inherit?Ben Stones2021-10-19T10:07:09+01:00
- The default is age 18.
- This can be extended, often to ages 21, 25 or 30 depending on your wishes.
- Where an older age is specified, your trustees can still decide to benefit your children at an earlier age if necessary.
How many executors and trustees should I choose?Ben Stones2021-10-19T10:09:32+01:00
- You can choose between 1, 2, 3 and 4.
- Typically we recommend choosing 2, as this can help avoid conflicts of interest.
- You can also choose replacement executors and trustees, in case your preferred choice cannot act or is unwilling to.
I have a Will, but I have since been married, is my Will still valid?Ben Stones2021-10-19T10:10:22+01:00
- This depends on the wording of your Will and whether it makes clear you intended the Will to remain valid after you married.
- If the Will makes no mention of your marriage, then your Will automatically becomes invalid when you get married.
Do I need to use a Solicitor to prepare my Will?Ben Stones2021-10-19T10:10:55+01:00
- The short answer is no. You could use an independent Will writer, accountant, or even prepare your Will yourself.
- However, our advice is that it is always best to get a Solicitor to do this for you. By instructing a Solicitor, you can be comforted that they are insured in case anything goes wrong, they are regulated by an independent regulator who will help ensure you receive a quality level of service and more often than not a Solicitor will be very experienced.
Why are your fees lower than most other law firms?Ben Stones2021-10-19T10:23:13+01:00
- We are predominantly a virtual law firm, that makes use of technology to streamline our processes.
- This means that as a business, we do not have the large overheads that other firms often have, such as the cost of renting large office spaces and employing huge teams of staff, many of whom are not involved in this area of law.
- Ultimately, this results in a lower cost being passed on to our clients.
