Family Law:
Making a Will
It is important that you execute Wills in order to ensure that the people and causes for whom you care are properly provided for after your death. Giving instructions in relation to your Wills is usually straightforward yet surprisingly it is a matter which people tend to put off. In order to make a Will you must be at least eighteen years of age or married.Page top Preparing Your Instructions
A small amount of preparation will assist you in making the important decision as to how you wish to divide up your property and will enable you to make the best use of your lawyer's time.
As a starting point it is often useful to make a list of all the property that you own. Remember that you will need to make separate Wills in relation to your Real Estate and Personal Estate. Real Estate constitutes land, buildings attached to the land, contract leases of land for more than nine years and certain types of mortgage. All other property is deemed to be Personal Property.
You should then list family, friends and charities to whom you wish your property to pass. They will be known as the beneficiaries of your Will. We will need the full names and addresses of all beneficiaries.
For a Will of Personal Estate you will need to appoint an Executor. This will be the person who will ensure that the instructions contained in your Will are carried out. It is probably best to appoint two Executors. We generally advise that at least one of the Executors should be a professional person such as your Lawyer, Bank Manager or Accountant.
Page top Passing Your Instructions To Us
Once you have made all the necessary decisions you should arrange an appointment to discuss your instructions. If you are married and/or have children, there are certain restrictions as to how you may leave your Personal Estate. Generally there are no restrictions as to how you may dispose of your Real Estate but if you are married and your husband or wife survives you then they may be entitled to claim a life interest over all or part of your Real Estate. We shall be able to advise you as to the best method of dealing with these restrictions and ensuring that your property is left in the manner that you wish.
Page top What Happens Next?
Once we have received your instructions draft Wills will be prepared and forwarded to you for your approval. You should contact us with any amendments that you wish to make so that final documents may be prepared for you to sign.
A Will of Personal Estate needs to be signed in the presence of two independent witnesses. A Will of Real Estate also needs to be signed in the presence of two independent witnesses, one of whom must be an "official witness". It is usual for an Advocate or Solicitor to act as the official witness, while the other witness required will be a member of staff from this office.
Page top Where To Keep Your Wills?
Once the Wills have been executed most clients ask us to retain the originals in safe custody at this office to their order so that they are not damaged, defaced or lost. We do not charge for this service. We would then provide you with photocopies of your Wills which you should retain in a safe place together with a note that the originals are at this office so that they may be located after your death. You may also like to inform your Executors where your Wills are kept.
Page top What Will It Cost?
As no two Wills are ever the same, it is difficult to provide an accurate quote as to cost. A minimum charge for Wills of Real or Personal Estate will be in the sum of £200.00. We shall of course be pleased to provide you with an estimate of the costs once we have received your preliminary instructions.
Page top Changing Your Wills
We always advise that you ask us to review your Wills after important events in your life such as marriage, birth of a child or grandchild or purchase of a new house. If you divorce after executing a Will, gifts made to a spouse or their appointment as an Executor will automatically be revoked. For that reason it is important that you review your Wills at such a time.
If you wish to make additional bequests once your Will has been made it is possible simply to create a separate document known as a ‘Codicil' to your Will. If the alteration involves substantial changes it will be preferable to revoke the original Will and execute a new one.
Finally, should you wish to revoke any Will you have made, no further document is required although we generally ask that you confirm your instructions to us in writing.
Please contact us for more information on how Benest & Syvret can help you with making a will or Click here to download our Wills Instruction Form (DOC).
This guide is intended to provide outline details only and should not be considered as a substitute for specific legal advice which must be obtained before preparing a Will. It should be noted that the contents of this guide relate only to individuals domiciled in Jersey. Disclaimer.