Making a Will

Our Step by Step Guide

At Thomas Flavell & Sons, we understand the importance of safeguarding your hard-earned assets and ensuring your loved ones are provided for after your passing. Here we walk you through the essential steps of creating a Will, highlighting the consequences of not having one, and the benefits of consulting with legal professionals.

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You have worked hard for what you have. This might include savings, property, shares, or all of the above. What happens to what you own when you die (often referred to as “your estate”) depends on whether or not you make a will. If you don’t, the law sets out who will inherit your estate. By making a Will, you protect your loved ones by providing for them. You also reduce anxiety by providing certainty regarding your wishes when the time comes.

We have a transparent approach to our Will prices. We generally offer two styles of Will, Simple Wills and Trust Wills and the charges are as follows;

  • Simple Single Will – £350+VAT
  • Simple Couple Mirror Wills – £500+VAT
  • Single Trust Will – from £500+VAT
  • Couple Trust Wills – from £750+VAT.

Whichever style of Will you opt for, there is an online client identity fee of £20+VAT, per client.

Trust Wills are often used by people who want to do a little more estate planning. Maybe they have a blended family, perhaps they have a beneficiary who is vulnerable or disabled or perhaps they want to consider care home fee planning. Possibly they wish to grant a Life Interest (or right of occupation) to each other and then ultimately pass their share of a property to someone else .

The process is the same for both types of Will. We will send you a questionnaire to complete and this contains your assets and objectives/wishes. We will then arrange a mutually convenient appointment to discuss your wishes, assets, family situation and options. During the meeting, we will set out how each type of Will would operate, then you can make an informed decision as to the style of Will that is best for you.

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Reassessing will - Dealing with Flavell’s was first class. Everything was explained to us in an easily understandable way. Kate in particular was a pleasure to deal with. Would advise anyone to use Flavell’s.

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Kate Deathridge TEP Chartered Legal Executive, Hinckley

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For more information, please contact our team today.

Our Wills, Probate & Trusts Team

Frequently Asked Questions

We set out below some of the frequently asked questions we receive when considering making a will. 

If you die without having left a legally valid Will, the law sets out who will inherit your estate. As with any set of rules, they don’t suit everyone. 

Did you know:

  • If you’re living with someone, they have no automatic rights to your estate, and they may well receive nothing
  • Depending on the value of your estate, your Spouse or Civil Partner may not be entitled  to your whole estate
  • The law doesn’t take account of whether you have separated from your Spouse or  Civil Partner
  • If you’re in the process of divorcing, it isn’t until the divorce has been finalised that your soon-to-be former Spouse or Civil Partner will not inherit any part of your estate (this applies whether or not you make a Will) 

The sad truth is one set of rules will never be right for everyone. By not getting the right advice and making a Will, you could unknowingly cause your loved ones financial hardship and distress at an already difficult time. 

Making a Will is the only way you can make sure your wishes will be carried out. 

Things you will need to consider include:

  • Who to appoint your Executor(s) – this is the person or people you appoint to carry out your wishes
  • Funeral wishes*
  • Who will act as guardian for your minor children
  • Details of any legacies – these are gifts of money or particular items you want to pass on to named people
  • How your estate will ultimately pass after debts and taxes have been paid

Life can be complicated, and your wishes may well change over time. Significant changes in your circumstances (like divorce, marriage, the birth of children, inheriting a large sum of money, to name a few) may affect the position. Rules relating to tax also change over time. For all these reasons, it’s really important to review your Will regularly. *Funeral wishes included in a Will are not binding

The laws of England & Wales are based on testamentary freedom. This means you are free  to leave your estate to whoever you want. However, there are certain categories of people who could make a claim against your estate if they have not been appropriately provided for. As part of our service, we advise you regarding any potential claims against your estate. Further, if there are steps you can take now that might help protect your estate from claims when the time comes. 

We want to ensure that your loved ones receive as much of your estate as they possibly can. There have been many changes to the rules relating to Inheritance Tax over recent years. We review your assets and discuss Inheritance Tax with you. We can offer advice which may minimise or eliminate Inheritance Tax. Additionally, if your circumstances mean you would benefit from seeking advice from a Financial Advisor or Accountant, we will let you know. 

Will Writers are not required to have any legal qualifications. Although the offer of cheap wills may be appealing, is it worth the risk? Mistakes could be made which would cause a great deal of unnecessary stress and expense for your loved ones when the time comes. The best way to avoid problems is to consult with a legal professional. All members of our Private Client Team are legally qualified and have many years of experience. When you consult with us, we will not only provide you with a will which leaves your estate as you wish, but we will also review your situation and provide you with advice which could potentially make protecting your loved ones and your wishes when the time comes much easier. Making a will is only part of our process.

Not only will we meet with you to review your circumstances and provide you with bespoke advice, you will also receive the following benefits:

  • Your Will is drafted by a legally qualified member of our staff
  • You receive a draft of your will together with a full written explanation
  • We can meet with you a second time to oversee the signing of your new will to ensure it is legally valid
  • A copy of your new will for your records
  • Your Will shall be registered with Certainty, The National Will Register
  • The original Will is stored at no extra cost.

Let's get started

For more information, please contact our team today.

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