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Do I need a solicitor or specialist lawyer to make a Will?

View profile for Elizabeth Isaac-Garner
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There is no legal obligation for a Will to be drafted or witnessed by a solicitor, or other specialist lawyer. It is possible to make it yourself, but when you consider the size of your potential estate and the importance of your wishes being accurately enacted, it often makes the most sense to consult a specialist solicitor, or lawyer to make your Will.

To the untrained eye it is possible to make mistakes, which can cause problems after your passing. These complications can take time to sort out, serving to cause delays and result in incurring avoidable legal costs – impacting upon the value of your estate before its distribution.


Easy Access

At Kingsfords Solicitors Hythe Office we pride ourselves on the warm welcome we give to all of our clients. This is especially so as we are conveniently situated on the High Street, with easy access on the one floor, (through wide doors), for able-bodied and disabled clients alike. When you enter our offices, you will be given immediate access to the specialist solicitors and lawyers working on your legal matter – making communication between us very direct. Communication is always key, especially when making a Will to ensure clear instructions can be left to your Executors.

Not all solicitors can offer that degree of access, so please do take advantage of our Will making service in Hythe or alternatively at our offices in Ashford or Cranbrook.


What are the mistakes to avoid?

Using the services of our Will solicitors and specialist lawyers, will remove the stress and uncertainty of any home made Will being potentially invalid. Our solicitors are fully conversant with the formal requirements and will ensure that provision for all of your assets, property and finances are covered.

Unthought of questions, such as what would happen in the event of a beneficiary pre-deceasing you, will be addressed, together with explanations given as to when and how a Will can be validly changed.

Our Wills solicitors in Hythe, Cranbrook and Ashford will be sure to explain to you the effect on your Will of marriage, divorce, a civil partnership’s registration, or it’s dissolution. Our solicitors within the litigation department are able to explain to you the possibility of dependants making a claim against your estate, if they consider they have been inadequately provided for. This is important, as if found to be the case the will could be overturned.


When is it especially advisable to retain a solicitor or lawyer?

To ensure your Will is valid and your wishes are accurately reflected it is especially advisable to have your Will drafted by a solicitor, where more complicated situations may exist. These could include sharing a property with someone, other than a spouse or civil partner, or where there may be a second or former spouse, or children from more than one relationship, who could all potentially raise claims against you.

You may also for example wish to make special provision for a dependant, who does not have capacity and is in need of care.This later example may mean that you need a formal Trust document to be additionally drawn up.

Other complicating factors may be that you live abroad, or alternatively have property abroad. This may also extend to your business dealings too.

A more modern-day complication, is the fact we invariably now all possess a “digital legacy”. This can include on-line banking and saving accounts, or other investments, or for example accounts with retailers. Invariably it will also include assets such as social media accounts, photographs and music, which may all be of sentimental value. We can provide you with Digital Legacy Planning advice, whereby any Will you make can make reference to a “Letter of Wishes”, documenting all of your digital accounts and your express wishes for each of them. In this fashion it will make the duties of your executor or specifically appointed ‘Digital Executor’ easier on your passing.

Our specialist wills solicitors and lawyers can help you deal with these contingencies when drafting your Will.


Where should I store my will?

To afford you extra peace of mind we are happy to securely store your Will, free of charge so that it will be accessible to your executors when needed. The Wills are kept in fire-proof storage and are fully insured.

Did you know that it is important not to attach any documents to the Will, with staples or paper clips? If they became dislodged the marks left behind would suggest any Codicil or other pages from the Will are missing – which could invalidate the whole Will.


Can I up-date my Will?

We would advise you to consider amending your Will, at least every 2 years and also there are any changes in your personal or financial circumstances. We will be here to help with a Codicil for any minor changes, or make a new Will to replace the old one.


Start the conversation.

Please come into our very accessible Hythe Office, or if more convenient, those at Ashford or Cranbrook. Alternatively please call our expert wills solicitors and lawyers via 01303 268775, or get in touch via our website by CLICKING HERE