One of the most important things you can do to protect your family’s future is to make a legally binding Will with the help of a professional Will writer. Once your Will has been made, you can have peace of mind that your family and estate will be cared for when you’re no longer here for them. To understand how to make a professional Will please read our guide, ‘How to Make a Will’.
If you are interested to learn what happens with your Will after you die, or if you are the executor of a Will and you’re looking to understand your role better, this guide explains everything you need to know about how Wills work after death.
Who Will Execute My Will When I Die?
When making your Will, you’ll need to choose at least one person, known as your ‘executor’, who’ll be legally responsible for executing your Will according to your instructions. This is usually a trusted family member or friend. It’s important you inform your executor and make sure they are capable and willing to take on the responsibility.
How Will My Executor Find My Will After I Die?
Your executor’s first task is to locate the original copy of your Will. You may want to send them a copy of your Will, but you should also tell them where they can find the original copy and ensure they make a record of its location. If they can’t find your Will, then you may be considered to have died without one and your estate will be distributed according to intestacy rules.
If you are the executor of a Will and you haven’t been told where it’s being stored, you may want to start by looking through the deceased’s home either for the original copy or for information about where the original copy is. The Will is likely being stored by a professional Will storage service, offered by professional Will writers, solicitors, banks, the Probate Service, or an online service. To find out more about finding a Will read our guide ‘How Do I Store My Will and How Will My Family find It?’
How Will My Will be Executed?
Once your executor has located the original copy of your Will, they will need to formally apply for the right to deal with your property, money, and possessions – this is known as ‘applying for probate’. Once a ‘grant of probate’ has been received, your executor will legally have access to your estate and they can begin to act on your Will. Your executor will first need to pay any debts and taxes you owe, such as inheritance tax or an outstanding mortgage. Once your debts and taxes have been settled, your executor will distribute the remaining assets according to your instructions. If you are the executor, we recommend keeping an accurate record of all transactions you make to prove you have acted in line with the testator’s wishes.
Can My Will Be Contested?
Your Will could be contested by unwanted parties within 6 months of Probate being granted, and if it’s proven to be invalid then the claimant could succeed. This is why it’s so important to use a professional Will writer – if you write your own Will using a template, mistakes can be made or instructions left out that could invalidate your Will. Your professional Will writer will make a legally binding document that holds up in court across all scenarios to protect your family and estate from unwanted claims. To learn more about the importance of using a professional Will writer read our guide, ‘Should I Make a ‘DIY’ Will or Use a Professional Will Writer?’
The Bottom Line
The importance of making a Will cannot be overstated – it has the power to shape your family’s future and protect your legacy. To ensure your Will does what it’s supposed to do, it needs to be written correctly and stored securely. With the help of a professional Will writer, making your Will is a relatively quick and easy process, and you can be sure you’ll have a legally binding document that will hold up in court.
At Michael Usher Wills & Estate planning we’ve been helping our local community for over 30 years. We’re regulated members of the Institute of Professional Will Writers, so you can be confident that you’ll receive a high-quality Will designed to protect your family’s future. Our friendly team is always happy to chat with you for free about your Will and answer any questions. Call us on one of the numbers below or book your FREE consultation here. We look forward to helping you protect your assets, your family, and your legacy.
Camberley: 01276 691979
Basingstoke: 01256 637007
COVID-19 Update
You are more than welcome to come into our office, but we can also make your Will remotely if you’d prefer – please read the article below to find out how this works.
