Wills Myths

There are a lot of myths that are told about writing a Will, but the process is a lot simpler than many people expect and many of the problems they expect don’t appear.

It is however, very important to get the Will drafted correctly and keep it stored safely once it’s been written.

If there isn’t a Will, then the way your estate is divided up may not match your expectations.

It’s complicated to draft a Will

Wills are, at first glance, relatively simple documents to create. The legal standards they have to meet are usually fairly simple and include basic requirements such as being made in writing, signed, and verified by two witnesses.

So long as you follow the instructions, for the majority of people, drafting a Will is a fairly routine thing to do.

Wills and living wills are the same thing     

There can be some confusion as they share similar names, but a “Living will” is a totally different document from the Will that determines what happens after a person’s death.

A living will is a document that determines what happens should you be incapacitated and incapable of making a decision. It’s for use while you are still alive.

I need to plan for the reading of my will after death

Often a dramatic device in TV shows and films where the family discover who gets what, is actually largely a work of fiction.

Although a Will is a public document, and anyone can read it after a person’s death, there’s no requirement to have it read out loud in a room with all the family present.

Only rich and old people need a Will

Accidents are sadly a part of life, and people can die young though illness or accidents, so a Will is essential to ensure your wishes are carried out. This can be particularly important when people are unmarried but in relationships to ensure that their loved ones will not be left out of an estate.

You also don’t need a huge wealth to write a Will, even modest assets and savings can justify the process o drafting a Will, and with a free Will writing service, it won’t even cost anything to do.

I can arrange my affairs on my death bed

Even if you are lucky enough to be surrounded by friends and family at the moment, and can lucidly convey your decisions, they don’t have any legal authority.

My Common Law partner receives everything

In the absence of a Will, then relatives will be the default beneficiaries, but not common law partners. That’s because, despite widespread belief, there is no such thing as a Common Law partnership – and a long term partner would not have any automatic right to share in the estate.

It is possible to seek a court order to have assets allocated to a long term partner, but much easier and less stressful to simply draft a Will in advance.

I can disinherit people I don’t like

Although it is possible to deny any benefits or legacy to relatives you don’t like, such a decision can be challenged in the courts if the relative can show that they were close to you in life, or were financially dependent on you.

In such a situation, although a free Will writing service can deal with most matters, you would be better to seek legal advice to ensure your actions cannot later be overturned.

My debts vanish on death

Sadly not. Any debts still need to be paid back, and will usually have first call on your estate, and whatever is left over is then distributed according to your wishes.

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