If you are living together and not married please read these
notes if you need help to make the 2 wills on one form. There are guidance
notes on the form as you go along.
They also explain how the wills you are going to make take effect.
The form you complete gives detailed guidance at each step and
these notes give additional assistance.
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Your own details should include any 'aliases' or
other names you are known by. This is particularly important if you
have assets in another name. If you do not include the other name your
executors may have difficulty getting hold of the asset. For example actors may have stage names
and sometimes writers use a pen name. Ladies sometimes choose to be
known by their maiden surname. There are also nicknames and shortened
names people have been known by. Put aliases etc. in the appropriate
box.
For example: -- a shortened first name
| First name/s |
Johnny also known as John |
| Last name |
Wood |
For example: -- using a maiden or other surname
| First name/s |
Veronica |
| Last name |
Lake also known as Hill |
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Your address is your main or permanent one so if you
sometimes live/work away it is not necessary to include that temporary
address. If you change permanent address in the future it is not
essential to change your will but make sure your executors are aware.
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your email address will not be included in your will
- it is just used for communication between us. YesTor
sends the legal documents and instructions for signing and witnessing there.
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In these double wills we assume you appoint each other as sole executors. But
you may want to appoint a substitute or additional executor.
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A substitute executor takes the place of your partner
as executor if s/he has predeceased. Your estate still passes equally
to your children.
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An additional executor holds office with your partner
to administer your estate.
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Executors - Those who manage your estate after you die.
These wills appoint each other as sole executors. But you may chose to appoint each other with
others. This is a personal decision and you should decide for yourselves
what choices to make.
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You should get proposed executors agreement to act before you
appoint them. The will form guides you through the appointment process.
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Your appointed executors will also be your trustees. For
example when your children inherit and 1 or more is under 18 special legal rules
apply. These wills
provide for children to inherit when they reach 18. So a child under 18
(minor child) has to wait to inherit. What
happens to their share (presumptive share) during the waiting period? Put simply it is held in the
name/s of the executors and trustees on their behalf. Usually in interest
bearing accounts or gilts (your executors may need to seek advice on this).
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In some circumstances you may decide to appoint accountants,
solicitors or banks as your executors and trustees. YesTor supply standard
and the more typical wills. These wills do not provide for the appointment
of professional executors or include the special charging clauses that will be
included. If you feel you may require more complicated wills, perhaps
because you have substantial assets or more complicated tax affairs then you
should seek your own detailed professional advice.
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Guardians - Only if you have any children under 18
now do you need to appoint guardians. Guardians are the people whom
you wish to actually look after your
minor children if you have both died. (If 1 of you dies no guardians
are appointed if you both are the parents of the children. But
if any of the children have a parent who is not either of you then a special
clause may be necessary. Sometimes there are residence and contact
orders or agreements about children's arrangements. These can be
referred to in the wills). You need to speak to the proposed
guardians and obtain their agreement first. It is possible to appoint
guardians as executors as well and visa versa.
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In this will you can appoint 1 or 2 guardians.
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Your residuary estate - where it goes - These wills are carefully prepared to be flexible.
They start by leaving each of your estates to each other and then on the
death of the last of you to all the children equally.
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Your estate will pass to your named children and if more than
one equally between them. Any child under 18 at the date of your death
will have their presumptive share held on trust until they are 18. If a
child dies after you but before they are 18 they will not have inherited their
share and what they would have had is divided equally between
your other surviving children.
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If you have only one child then you may wish to think about
leaving your estate to others should that child die before you or before
reaching 18. This standard mirror will does not accommodate this
provision. YesTor may be able to provide such a will.
Email
us your proposals for details of what is available.
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You should be aware that these mirror wills allow trustees
of your children to make certain advances of capital and interest to minor
children before they are 18. These advances are usually for the day to
day living
and educational needs of a child.
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Funeral arrangements - You do not have to make any arrangements.
But if you want to these wills allow you to specify your wish for burial or cremation. Should you
have funeral bonds or perhaps specific wishes for say where you are to be buried
or how your ashes should disposed of then a note to this effect can be placed
with the will. It is not part of the will but reminds your executors of
the wishes. But make sure your executors know about this in advance and of
course where your will is kept.
Our instructions emailed with the wills give instructions on the
signing and witnessing of wills and have other useful guidance.