Wills

At Clarke & Son, we advise and work with you to create a will to help protect your future wishes with our fixed-fee will service.

A Will is quite possibly one of the most important documents you will ever sign.

The process of making a Will at Clarke & Son is straightforward. All Wills are prepared on a fixed fee basis and the fee includes a meeting to discuss your Will, concerns and advise you on the best way to proceed or give you options, including dealing with any ancillary issues, such as property ownership, business interests, second families, tax, trusts and so on.

The draft Will is then sent to you with a detailed explanatory letter and then we move to the next meeting to get the Will signed and witnessed. In certain circumstances the Will can be sent to you for this purpose.

 

Free Will Healthcheck

We offer an initial free Will healthcheck to see if the Will you already have in place suits your current circumstances and wishes.

One of the most distinguishing features of all Wills is that they require two witnesses to be valid.

It is your way of making sure that whoever you care most about in the world is the person or persons who inherits your estate on your death. 

  • You must complete your Will when you are of sound mind.
  • You will need to appoint executors, guardians and beneficiaries.
  • It is also worth considering who will inherit your estate if your chosen beneficiaries die before you or with you.

Statutory Will

Where a relative or friend is suffering from dementia and is no longer considered capable of making their wishes known, legally they do not have the capacity to make their own Will.

However, with an increasing number of such cases, the Courts do consider applications for a Statutory Will to be prepared for a person who does not have the requisite capacity.

Although these sorts of cases are still quite rare, with demographic changes and people living to an older age, there are increasing numbers of people suffering from dementia who have made no arrangements for the management of their estates on their death.

Whilst it may seem “morally wrong” or “unethical” to have a Will prepared for someone who cannot make their own decisions, the Courts are now looking more favourably on Statutory Will applications as they can help avoid unnecessary complications and expense later on. The Court will look at evidence provided by interested parties before making the Order concerning the Statutory Will.

The percentage of people making a Will in England & Wales remains low – around one in six. With people living longer and more prone to dementia-related illnesses, experts are predicting a rise in the number of Statutory Wills.

What do you need to bring to the Wills & Estate Planning Meeting?

Please bring with you full names and addresses of all mentioned in your Will in whatever capacity… executor, guardian or beneficiary.

We offer a complimentary free Will storage service.

Wills & Estate Planning Team

Wills & Estate Planning Director
Wills & Estate Planning Director
Wills & Estate Planning Solicitor
Wills & Estate Planning Solicitor
Wills & Estate Planning Solicitor
Legal Secretary
Legal Secretary

Contact Details

If you have any questions or would like to enquire about one of our services, please fill in the enquiry form below and one of the team will get back to you.