A Guide To Will Types
We all know the importance of having a will. But, do you know that there are different will types?
This article will outline the main will types available in the UK, so you can decide which is best for you and seek appropriate will writing advice.
This is the type of will that anyone can make regardless of their circumstances. With this type of will, you are the sole creator of it. Therefore, the will only reflects your personal wishes and no one else's, although you can still create this type of will if you are in a relationship, civil partnership or marriage.
This will type may be the most simple, but it is still advised to seek professional will writing advice, no matter which will you wish to create.
Mirror wills are made for the same purpose as single wills- only they are made specifically for couples who have the same wishes. This type of will is often chosen as a more cost-effective option for couples if their wishes mostly mirror each other’s.
It should be noted that mirror wills don’t have to be exactly identical to each other. There are still ways in which certain aspects can be individualised, like funeral arrangements for example.
Couples who make mirror wills do not have to be married or in a civil partnership.
Trust wills allow you to nominate trustees who can hold your assets rather than them going straight to beneficiaries when you pass.
They can be beneficial if, for example, you have children with your current partner, but they remarry after your death. Since marriage revokes any previous wills, your children would not be legally classed as relatives of your new spouse or partner, so your estate could pass outside your family.
Setting up a trust will ensures that your assets pass onto your children after yours and your spouse's death.
A living will, often referred to as an 'advance decision’ is a will you can create that allows you to communicate your medical wishes if you lose the capacity to do so before you pass away.
With living wills, you cannot request certain treatments, but you can refuse them.
It is then left to healthcare professionals to follow the wishes you have laid out while you are still living, but no longer able to communicate. Due to the complex nature of this will it is highly recommended that you seek living will advice from a professional.
A statutory will is a will that can be made on behalf of another individual. They are only made in circumstances where the individual lacks the capacity to create a will themselves.
In life, there may be many instances where an individual might lack capacity. Perhaps the individual has developed dementia in old age or has been the victim of an accident.
Whatever the circumstances may be, you can create this will to fulfil their wishes on their behalf. It is considered to be as legally binding as a regular will, but it must be ratified by the Court of Protection.
It should also be noted that because you are creating a will for someone else, the legal process is longer and more complicated. Therefore it is only advised to create this will if the rules of intestacy do not reflect what the individual would want.
Again, it is highly advised to seek professional will writing advice for this type of will.
No matter your circumstances, seeking professional will writing advice and creating the right will is crucial for you and your family
Head of Wills, Probate and Trusts at Winn Solicitors, Rebecca Harbron Gray, explains the importance of using an effective wills service, saying:
“Many people avoid writing a will and making plans for death for many years because they think it is a morbid or depressing process. But the truth is often that, once complete, people get a sense of comfort and relief from knowing that they have done all they can to protect and care for their nearest and dearest.
“At Winn Solicitors, our team has decades of experience in this specialist field of law and we know how to make it simple and stress-free – no matter how complex your estate or family situation.”
With a dedicated team of legal specialists in settling affairs, Winn Solicitors can help you create a will that offers complete peace of mind and security for your family, no matter what the future holds.
If you’re looking for legal advice on wills and an expert wills service, get in touch with Winn Solicitors today.