FAQs about Wills & Probate

SWINDON SOLICITOR WILLS & PROBATE FAQS

What circumstances should result in review and possible changes to a will ?

We would always recommend reviewing and potentially altering a will in the following circumstances :-

  • Marriage
  • Long term relationship without getting married
  • When a pension pot starts growing and/or nearing retirement
  • When taking out a life assurance policy which would pay out a significant sum on death
  • Inheriting a significant sum of money
  • When children and grandchildren are born

If I am married and don’t leave a will, will my husband/wife get everything ?

It very much depends on the value of your estate. Above a certain level, other dependants you may have, including children, may also have an entitlement and may also make a claim for financial dependency. This Is a reason why with an estate of any value, it is worth making a will to make your wishes very clear.

I am not married but have a long term partner. Will he/she inherit my estate ?

The answer is no. If this is your situation, it is important that you make a will since otherwise, your partner may end up losing any home which you won jointly or which is only in your name.

What are the legal requirements in order for a will to be legally valid ?

A will must be in writin g and witnessed by 2 independent witness who are physically present and sign as witnesses at the time the will is signed by the person making it. In addition, the person making the will must be able to understand what he or she is doing and have the intention to make the will in the terms drawn up. Disputes arise quite often with elderly people when relatives or others may argue that a family member or other person has unduly influenced a vulnerable elderly person to change a will or make a new one.

I heard that getting married or remarried revokes previous wills. Is that correct ?

Yes.