What happens if an individual dies without leaving a Will?

If an individual dies without leaving a Will then the rules of intestacy apply. An individuals wishes will not be adhered to if they are not executed correctly. At FCM Legal Drafting we ensure an individuals wishes are illustrated in their Will and that the Will is a legally sound document, which meets all the formalities required by Law.

What will I need to think about before drafting a Will? Do I need to do anything to prepare for the initial consultation?

You do not need to prepare for the meeting, our Solicitors and legal advisors talk through everything with you, it may be wise to have a vague idea of who you want your beneficiaries to be, however our experienced advisors will guide you through the process.

What happens to my Will if I get married?

If you get married and do not have a marriage clause in your previous Will when executed, your Will is automatically revoked and the rules of intestacy apply in which your new spouse is the main beneficiary, if you do not want this to happen you will need to create a new one.

What happens to my Will if I get divorced?

If an individual gets divorced the Will is not revoked, however the ex-partner is treated as if they have passed away in the Will. If a person would like the ex-partner to remain in the Will they need to create a new one.

What happens if I separate from a spouse/partner?

If you have not changed your wishes, the spouse/partner can still inherit by way of your Will if you are separated but not divorced.

My partner has a child from a previous relationship but has not made a Will, is it true his/her ex-partner would be personal representative if he/she dies without a Will?

Yes, this is true. By the rules of intestacy, unfortunately cohabitants and live-in partners do not inherit unless the deceased has left a Will. If a person has a child/children with a previous partner under the age of 18, the mother/father of the child/children would become personal representatives and trustee of the inheritance until the child/children reach the age of 18. The only way this can be prevented is if you create a Will.

My personal circumstances are complex, is this something you can deal with?

Our Solicitors and legal advisors at FCM Legal Drafting & Estate Planning have the vital knowledge and experience in drafting complex Wills and legal documents. Our Solicitors and advisors have obtained their Masters level qualifications in Legal Drafting (LLM) therefore are confident and familiar when dealing with complex issues.

How long will it take for me to receive my Will?

We will get the Will to our clients within 10 working days, if not sooner. This can be done electronically, by post or if a home visit is required our legal advisors will attend your home. If done remotely, we will ensure that comprehensive guidance is sent to you in order for correct execution of the Will. We will contact you to ensure the sound validity of the executed Will. During busy times this may differ, but we will always let you know if this is the case.

Do you store Wills?

We do not have a storage facility, however we are happy to register your Will with the National Will Register, they charge a fee of £30 plus VAT, we however do not charge an admin fee for this service.

What happens if a loved one loses capacity and does not have a Lasting Power of Attorney (LPA)?

If a loved one loses capacity without having an LPA, the alternative is a Deputy Order, which is much more time consuming and costly. At present a Deputy Order takes approximately over 18 months to be granted, and the Court can appoint a Court ordered deputy.

How long does a Lasting Power of Attorney take to register?

At present the Office of the Public Guardian are taking up to 20 weeks to register a Lasting Power of Attorney. We have ensured our service is streamlined so that we submit applications as soon as we have taken instructions, and hold the executed documents.