Best Will & Testament Lawyers in Canterbury

About Will & Testament Law in Canterbury, United Kingdom

A Will is a legal document that outlines how a person wishes their assets, property, and possessions to be distributed after their death. In Canterbury, as in the rest of England and Wales, making a valid Will ensures that your estate is handled according to your preferences. Without a Will, the intestacy rules dictate how your belongings are divided, which may not reflect your wishes. The process of creating, updating, and executing a Will is governed by UK law, with specific procedures to ensure everything is legally binding.

Why You May Need a Lawyer

Although it is possible to write a Will without professional help, many situations make legal advice essential. These include:

• Complex family circumstances, such as blended families or estranged relatives
• Owning significant or complicated assets, like business interests, overseas property, or investments
• Wishing to exclude someone from your Will
• Desiring to set up trusts for children or vulnerable beneficiaries
• Concerns about inheritance tax
• Ensuring your Will complies with local regulations and is not challenged after your death
• Updating an existing Will due to a change in circumstances, such as marriage or divorce
• Executorship disputes or questions about managing the estate

A lawyer can help ensure your Will is valid, enforceable, and fully reflects your wishes, while also offering peace of mind that your loved ones will be provided for according to your intentions.

Local Laws Overview

Canterbury is subject to the laws of England and Wales regarding Wills and Testaments. Key aspects to be aware of include:

• Age and Mental Capacity - You must be 18 or over and of sound mind when making a Will.
• Formalities - A Will must be in writing and signed by the person making the Will (the testator) in the presence of two independent witnesses, who must also sign it in the testator’s presence.
• Intestacy Rules - If a person dies without a valid Will, their estate is distributed according to the intestacy rules, which may not align with personal wishes.
• Inheritance Tax - Estates valued above a certain threshold may be subject to inheritance tax. Legal advice can help you plan to minimise tax liabilities.
• Marriage, Divorce, and Civil Partnership - Getting married or registering a civil partnership invalidates an existing Will unless specifically stated. Divorce can also impact parts of a Will.
• Contesting a Will - Certain people can contest a Will if they believe they have not been adequately provided for, under the Inheritance (Provision for Family and Dependants) Act 1975.
• Storage - It is vital to store your Will safely and inform your executors of its location.

Given these legal requirements and potential complications, consulting a solicitor with local experience in Canterbury is often recommended.

Frequently Asked Questions

Who can make a Will in Canterbury?

Anyone aged 18 or over with the mental capacity to understand their actions can make a Will in Canterbury and throughout England and Wales.

Do I need a solicitor to write my Will?

It is not legally required to use a solicitor, but professional advice is highly recommended for more complex estates to avoid errors and ensure your wishes are carried out.

What happens if I die without a Will in Canterbury?

If you die without a Will, your assets are divided according to the intestacy rules, which could mean your estate is not shared out as you would have wanted.

Can I update my Will?

Yes, you can update your Will at any time. It is important to revise your Will after major life events like marriage, divorce, or the birth of a child.

What makes a Will invalid?

A Will may be invalid if it is not signed and witnessed correctly, if the person making the Will lacks mental capacity, or if the Will has been altered improperly.

Can I leave someone out of my Will?

You can choose to exclude someone from your Will, but certain relatives or dependents may still have the right to make a claim under the Inheritance Act.

Are there inheritance taxes to pay?

Inheritance tax may be due on estates valued above the threshold set by the government. A lawyer can advise on steps to minimise liability.

What are the duties of an executor?

An executor manages your estate, gathers assets, pays debts and taxes, and distributes inheritances according to your Will.

Can I write my own Will at home?

You can write your own Will at home, but it must meet legal requirements to be valid. Mistakes can lead to complications or your wishes not being followed.

Where should I keep my Will?

Your Will should be kept in a safe place, such as with your solicitor, in a safe deposit box, or with a probate service. Ensure your executors know where to find it.

Additional Resources

For more information and assistance regarding Wills and Testaments in Canterbury, you may find the following resources helpful:

• Citizens Advice Canterbury - Provides free and confidential advice on making a Will and local procedures.
• Canterbury City Council - Guidance on local probate registry and bereavement services.
• The Law Society - Find a qualified solicitor who specialises in Wills and probate in Canterbury.
• HM Courts and Tribunals Service - Information on the probate process and Will storage.
• Age UK Canterbury - Support for older people including advice on making or updating a Will.

Next Steps

If you are considering writing a Will or need help administering an estate in Canterbury, start by thinking about your main wishes for your assets and any specific requests you have. List your assets, potential beneficiaries, and any guardians you wish to appoint for children. Contact a local solicitor experienced in Will and probate law to discuss your situation and ensure all legal requirements are met. With professional guidance, you can be confident your Will reflects your wishes and provides security for your loved ones.

Arrange a consultation with a solicitor to:

• Review your circumstances and wishes
• Advise on the best way to structure your Will and estate
• Assist in preparing and properly signing your Will
• Discuss ongoing updates as your circumstances change
• Provide support with executorship and probate steps if you are administering an estate

Taking these steps will help ensure your estate is managed smoothly and according to your intentions, making things easier for your loved ones at a difficult time.