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The importance of having a will in place during a property transaction

When you are planning a property transaction it is advisable to make or update your will to ensure any assets in your estate are distributed as you choose.

There are two choices when purchasing a property with another person. Either as joint tenants or as tenants in common and depending how you own the property will determine what would happen to your property should you pass away with out without a will in place. 

Joint tenants

If you own the property as joint tenants then when you pass away the surviving joint tenant will own the full property. If the surviving joint tenant passes away and they do not have a will then the Court will follow the intestacy rules to decide who will benefit from the property and any other assets they may have. 

This could result in the family of the first joint tenant to die completely missing out. 

Tenants in common

If you own the property as tenants in common then, when you pass away, the surviving tenant in common will not automatically own the full property unless it is stipulated in a will or they would benefit through the intestacy rules. 

Without a will in place you cannot decide who will benefit from your property once you have passed away. The Court will follow the legal rules in this situation, known as intestacy rules, and will decide who will benefit from your property and any other assets that you may have. 

The court will follow the intestacy rules to deal with any other assets that you may own

It is recommended that you review your current will every time something changes either financially or within relationships. Buying /selling a property will affect the assets that you own and you may want to update your will to reflect this. 

If your current will makes reference to a specific property then that clause may be invalid. Therefore it is important to review your will to ensure it still meets your needs and your loved ones do not miss out. 

I was thoroughly impressed with the service provided.

Step 1:     Your initial appointment

You will make an appointment at our office to discuss what you would like in your will. 
The appointment generally takes around 30 minutes. 

Step 2:     Drafting your will

Once we know exactly what you would like in your will then we draft your will and send it to you in the post. 

Step 3:     Amendments

You need to review your draft will then contact us with any amendments you may have. At this point we will arrange another appointment.

Step 4:     Signing your will

This is your opportunity to go through your will at our office and ensure you are happy with the document. Once you have signed your will it will be witnessed and dated to ensure it is valid. The appointment generally takes around 15 minutes. 

Step 5:     Storing your will

We can store your original will free of charge plus give you a copy for your records.

Costs

Single will £180 plus VAT
Mirror wills £280 plus VAT

 

These costs are for a standard will service

 

 

Terms of a will explained very clearly. Patient, gave me time to think things through. Professional throughout, not rushed.

If you own a property as joint tenants, the tenancy can be severed so the property is owned as tenants in common. This ensures that each share of the property can be left on trust in a will.

Some people prefer to leave their share of their property on trust, so their partner/spouse can live in the property during their lifetime but their children are the ultimate beneficiaries. 

This is often when there is a second marriage and the children are from a previous relationship or there is a strategy in place to minimise care home fees.

Please talk to us if you need advice about severing a Joint Tenancy and this can be discussed at your first meeting. Please note, there will be an additional charge for this service.

Be aware that if you do own your property as Joint Tenants then your interest in the property will automatically go to the surviving joint tenant if you predecease them.

Client feedback

We had our Wills updated and redrafted very recently. We received a really good service from Emily. She gave us very good advice, was extremly communicative and responsive and enabled us to get the Wills we wanted.
Anonymous
I used Winston Solicitors and was assigned Emily Spencer as my solicitor for assisting with making a will. I found the process easy and Emily was helpful with advice and guidance. I would definitely recommend using this firm for any legal issues.
Anonymous
Thank you very much to Emily at Winston Solicitors for drawing up my will. Emily went through each section of the will, sent me a list of points to consider and answered all of my questions which I found very helpful for making my will.
Jacqueline
Been using Winston Solicitors for many years for divorce and Wills. Always good service and advice and pleasant disposition.
David
I have been very satisfied with the work done for me by Winston Solicitors. Everything was clearly explained and discussed at every stage of the process, with patience and efficiency.
Rosemary
Excellent, friendly service. Great knowledge and understanding. Provided advice and answered all questions.
Siobhan
No hassle process, friendly and professional at the same time. Would recommend to family and friends. Writing a Will is very emotional, Emily made it feel easier.Thank you
Maureen
Monika was extremely helpful and empathetic dealing with a close family bereavement and probate.
Anonymous
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