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Hugh James Will Writing Service

We understand that preparing a will is a big step for most people and that choosing the right advisers and having confidence in their advice is therefore vital.

We also understand that time is precious, and that committing time to thinking about a will can be hard, and easy to put off.

We therefore offer a choice of will writing services which allow you to choose the service which suits you best and then provide your instructions all in your own time, via our digital will writing platform.

All of our services are both convenient and competitively priced with the assurance that your will will be created by fully qualified will solicitors.

To understand the importance of having an up to date will, we recommend watching our short video below.

“Did you know that 60%* of UK adults don’t have a will? The above video highlights why everyone should make sure they have a valid will. (a survey of 2,000 people by Macmillan Cancer Support 2017).”

We’ve also created an infographic on why it’s important to put plans in place – make sure to share it with your loved ones.


Key contact

Matthew is a partner and heads up the firm’s private wealth offering. He is responsible for the development, implementation and long-term strategy of the team.

Matthew has a UK-wide reputation in the field of contentious probate, recognised by his clients and peers in the leading legal directories.


Points to consider

To get started, there are three points to consider:

  1. What type of service suits you best?
    We offer telephone, online or face to face (at our offices in Cardiff or London) service options. The details for each option are set out below.
  2. What type of will suits your needs?
    Do you require a trust in your will? Do you and your partner have the same wishes? Do you require complex tax advice? The answers to these questions will inform which type of will suits your needs. Further information is provided below.
  3. Do you also require a Lasting Power of Attorney (LPA)?
    If you think you might require one or more LPA, it may make sense to see to this at the same time as writing your will. Visit our Powers of Attorney service page for further information.

This option is ideal for those who want to have a conversation and seek guidance from one of our experts but are unable to visit our offices in Cardiff or London.

It is suitable for relatively straightforward wills where general advice is sufficient; this may include general advice regarding tax and the use of trusts but if specific advice about a particular tax point peculiar to a person is required, or a detailed bespoke tax report, then our bespoke service may be more suitable.

With our telephone service, we provide our comprehensive will writing instruction form which highlights any issues that require consideration and assists in determining the best way to give effect to your wishes.

A qualified wills adviser is available on the telephone to go through the will writing instruction form and answer any of your queries. They will then prepare and send a draft of your will to you.

Upon receipt of that draft, our wills adviser is available again on the telephone to address any queries and make any amendments that may be necessary. Once a draft is finalised, a final version is sent for execution, along with a detailed guide as to how to do so. Once it is executed, the will is stored free of charge.

If you are clear on what you wish to achieve and if what you want is uncontroversial and unlikely to be disputed, this option may suit you. This is our most straightforward and simplistic will writing service. You will use our will writing software and extensive precedents suite to write your own will. Once your will is finalised, we will store it free of charge.

Please note that this option is self-sufficient; there is no legal advice provided and no interaction with our lawyers.

Access the Hugh James Online Will Writing Platform.

This service includes the opportunity to meet with us, either in our Cardiff or London offices. In some cases – depending on geographical location – we may be able to meet at your home or another location convenient to you. Please note that we will propose a further charge for our travel time.

As with our telephone offering, some general advice regarding tax and the use of trusts is provided, but if specific advice about a particular tax point or a detailed bespoke report is required then our bespoke service may be more suitable.

This service also includes our comprehensive will writing instruction form and you will be able to go through the will writing instruction form with a qualified wills advisor who can answer any queries you may have. A draft will is then prepared by us and sent to you for consideration.

Upon receipt of that draft, our wills adviser is available in person or over the phone to address any queries and to make any amendments. Once the draft is finalised, you will have a final meeting to go over the will one last time and for us to oversee the execution and act as witnesses. Once it is executed, the will is stored free of charge.


Our commitment to service

Our service options are summarised in the table below:

Telephone offering Create your own will online Face-to-face offering Bespoke service
Use of online will writing platform
Telephone support
Face-to-face meetings at our offices
Witnessing service
Inheritance tax assessment and advice
option to use Hugh James Trust Corporation Limited
Full bespoke tax report

 

Whichever way you decide to write your will, we will work to the timeframes below:

  • Draft wills will be sent within 10 working days of receipt of final instructions and payment
  • Amended draft wills will be sent within five working days of a request for amendment
  • Final wills will be sent within five working days of approval of a draft
  • Copy wills will be sent within two working days of receipt of the executed final will

Types of will

A standard single will is designed for one person:

  • to appoint their choice of trusted individuals to act as executors of their estate
  • to make specific gifts
  • to nominate who will benefit from the rest of their estate
  • to appoint guardians for minor children

A standard single will does not include formal trust provisions. It may, however, include non-complex trusts such as gifts to individuals when they reach a certain age.

Standard mirror wills are designed for couples (married or unmarried, civil partners or otherwise), who have similar wishes for the distribution of their estates:

  • to appoint their choice of trusted individuals to act as executors of their estates
  • to make specific gifts
  • to nominate who will benefit from the rest of their estate
  • to appoint guardians for minor children

Standard mirror wills do not include formal trust provisions. They may, however, include non-complex trusts such as gifts to individuals when they reach a certain age.

A trust standard will is designed for one person:

  • to appoint their choice of trusted individuals to act as executors of their estate
  • to make specific gifts
  • to nominate who will benefit from the rest of their estate
  • to appoint guardians for minor children
  • to create trusts as may be necessary to offer increased protection of their assets such as property and possessions

A trust will enables one person or more to hold an individual’s property, possessions or savings subject to certain duties to use and protect it for the benefit of others.

Trust mirror wills are designed for couples (married or unmarried, civil partners or otherwise), who have similar wishes for the distribution of their estates:

  • to appoint their choice of trusted individuals to act as executors of their estates
  • to make specific gifts
  • to nominate who will benefit from the rest of their estate
  • to appoint guardians for minor children
  • to create trusts as may be necessary to offer increased protection of your assets

Trust mirror wills enable one person or more to hold an individual’s property, possessions or savings subject to certain duties to use and protect it for the benefit of others.


Bespoke service

This service is most suitable for those who are likely to require in depth and bespoke tax and estate planning advice before finalising their wills.

It includes all of the components of our face to face or telephone offering (depending on your preference), with the option of a full written tax report based on your individual circumstances, providing comprehensive advice on your personal tax position and bespoke planning advice. This service may also incorporate the drafting of further documents pursuant to our advice, such as trust deeds or letters of wishes.

As each individual’s needs are different, we quote for prices via this service on a case by case basis but will always endeavour to agree a fixed fee before any work is carried out.

Our bespoke service can be provided via either a telephone or face to face. One of our senior solicitors will call you first for a no obligation ‘scoping call’ at the outset, in order to assess precise needs and provide an accurate estimate before any work begins.


Pricing

A summary of our pricing is below. Please note that we do require funds on account before we commence work. Whilst we will do our best to identify the product best for you at the outset, this could potentially change upon detailed discussion with your advisor, at which point we will obviously provide a further quote, as below.

Standard single will Standard mirror wills Trust single will Trust mirror wills
Telephone offering £150 + VAT £195 + VAT £195 + VAT £315 + VAT
Create your own will online £75 + VAT £110 + VAT N/A N/A
Face-to-face offering £250 + VAT £295 + VAT £395 + VAT £515 + VAT
Bespoke offering All options within our bespoke offering are priced on an individual basis

Your questions answered

By executing a will, you can:

  • Choose who will administer your estate after your death and pass your assets on to your beneficiaries
  • Choose who will act as trustee for any ongoing trust created
  • Express your preference as to the guardians for any of your infant children
  • Dictate to whom your assets pass, and on what terms.
  • Express a preference as to your funeral wishes
  • Ensure that your estate is distributed in as a tax efficient a way as possible, and that your assets are protected as best they can be

In the absence of a valid will, your estate will pass via the intestacy provisions there is no guarantee that it will pass in the way that you want it to. Our guide to the intestacy provisions can be found on our intestacy rules flowchart document.

Property trusts (right of occupation)

A property trust can be useful to ensure that your spouse or partner is entitled to remain in occupation of your share of the family home after your death but also that your share eventually passes to those you wish to benefit (for example your children) in the event of your surviving partner marrying/remarrying or making a new will.

Life interest trusts (interest in possession)

A life interest trust can be useful for individuals or couples who wish to protect their estates for future generations. The purpose of a life interest trust in your will is to appoint a person to benefit from the income generated from your investments, and to live in the property you own, perhaps to provide continued financial support to a surviving spouse or children, whilst protecting the capital for your chosen beneficiaries or future generations.

Discretionary trusts

A discretionary trust involves the appointment of trustees to manage assets held on trust on behalf of a number of potential beneficiaries, with the ultimate decision as to who of those beneficiaries should benefit, and how, in the hands of the trustees. This is another method of potentially safeguarding assets for future generations. It can assist in the slow release of assets. If, for example, a beneficiary of your will has a disability or is vulnerable, a discretionary trust may be useful as the arrangement can enable their needs to be met from the assets in your estate, without giving them an absolute entitlement. Discretionary trusts are also sometimes useful as part of a tax planning strategy.

A codicil is a supplemental document to a will which makes minor alterations but leaves the rest of the will intact.

There is no limit on how many codicils can be added to a will, but they are only suitable for very straightforward amendments to a will. If a complicated change is involved, we normally advise that it is better to make a new will.

Many people believe that if they have been living with a partner for a number of years they have become “common law husband and wife” and as a result have the same rights as married couples.

Contrary to this commonly held belief, co-habiting couples do not have equal inheritance rights to married couples (see our guide to the intestacy provisions). In fact, a co-habiting partner has no automatic entitlement from their partner’s estate at all.

Unless your will is made specifically in contemplation of a marriage, it will be automatically revoked upon you getting married. This will have the effect of you being intestate and your estate passing by way of the intestacy provisions. Read our guide to the intestacy provisions document for more information.

If you get divorced then, whilst your will will subsist, any gift to your spouse will fail and they will be treated as having pre-deceased you. Depending on the drafting of your will, this could lead to your estate passing in a way that you might not expect and may even result in some or all of your estate passing via the intestacy provisions, notwithstanding the fact that you have a valid will. This is known as your estate being ‘partially intestate’.


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