Complex laws mean that if you don’t have a will, or try to write it your own, your assets might not go to the people you want. Even if you try going it alone, there are particular terms that have a specific legal meaning and laws in the background that mean your will might not do what you think it does.
Keep your family safe, and make sure your will is professionally drafted. We offer fixed price wills depending on the value and location of your assets.
Secure Storage in our Lawyer’s Safe: a year free, then just 17p a day thereafter, per person.
Home Witnessing: £49 per visit.
[/vc_toggle][vc_toggle title=”Does a Solicitor have to witness my Will?”]No, but using Unity Legal’s Home Witnessing means you’ll have full peace of mind in the event of any disputes over who witnessed your Will and when. If someone benefits from your Will, they can’t witness it, and using a different family member or friend could carry some risks if they decide they or another person wants to dispute your Will, later down the line.[/vc_toggle][vc_toggle title=”What if I have property in other countries?”]If you have a property in different countries, then the laws of that country will apply with regards to that property. You also need to make sure that any Wills you have for another country do not conflict with each other. It’s best to get proper legal advice.
You must also be careful that your Isle of Man Will doesn’t accidentally revoke any earlier Wills regarding property in different countries, or that when you make Wills in other countries after your Manx Will, that your Manx Will doesn’t get revoked as well! That’s why it is so important to get proper legal advice from the experts.[/vc_toggle][vc_toggle title=”What is an Executor?”]An Executor is the person you choose to carry out your wishes, as set out in your Will, when you die. [/vc_toggle][vc_toggle title=”What is Probate?”]Probate is the process whereby the directions you have set out in your Will are carried into effect by your Executors. It involves applying to the Isle of Man Courts to get the formal procedure in place, and dealing with any trusts that arise as part of the Will. [/vc_toggle][vc_toggle title=”What is a Power of Attorney?”]This is a legal document that you sign which gives other people the right to deal with some or all of your affairs as if they were you.
On the Isle of Man, a Power of Attorney can only give someone the right to deal with your financial affairs, not your health and well-being. If you also want someone else to have the right to manage your healthcare, you’ll need to write a Living Will (also known as an Advanced Directive). This is a separate document.
Read our Power of Attorney and Living Will guide here.
[/vc_toggle][vc_toggle title=”What is a Living Will?”]A Living Will is a legalised document that you can write setting out what you want to happen to you if you need medical or health care and you become unable to make those decisions for yourself. It is also known as an Advanced Directive.
It is given to healthcare professionals to help them decide what the best decision to make is for you and your particular needs. For example, it can cover Orders to Resuscitate (or Not to Resuscitate), Palliative Care, but not “extraordinary” measures like CPR, what sort of “End of Life” provisions you would want, and possibly even also any directions you have regarding organ donation.
It is called a Living Will because it only has effect when you are still alive, and expires upon or shortly after death, whereas a normal Will has no power during your lifetime and only comes into effect when you die.[/vc_toggle]
[/vc_toggle][vc_toggle title=”What happens when my Will is witnessed?”]Once your Will is complete, it must be protected for the rest of your life from fire, theft, loss or damage otherwise you run the risk that it doesn’t work.
Even something as simple as a mark that could be from a paperclip can be enough to call into question the validity of your Will, and once you’ve passed, you won’t be there to confirm what you wanted. This means arguments between your family members or friends has to go to Court, an expensive process called Contested Probate.
Wills.im carries full professional indemnity insurance to store your Will safely, giving you complete peace of mind, and we’ll keep your Will in a fire, flood and theft-proof safe for as long as you need.
All our offers all include a year’s free storage, per person, in our Secure Lawyer’s Safe. You’ll hear from us annually to confirm your Will is in safe hands, and then when probate services are required, if we’re appointed we handle Executor’s duties alongside, if needed, your other executors. If we aren’t appointed, your Executors simply reach out to us to collect your Will.[/vc_toggle][vc_toggle title=”What if I don’t want Home Witnessing, or Safe Storage?”]The option is entirely yours. You can choose whether you’d like either, both, or none. Remember, if you choose to arrange witnessing yourself, you’ll need to make sure this is done properly or you risk your Will being invalid. You’ll also need to ensure you keep your Will completely protected from fire, theft and flood damage.[/vc_toggle][vc_toggle title=”What does your standard Will service include?”]Our standard Will service includes drafting a will that is either for Manx assets which conforms to Manx law or for your assets in England and Wales which will conform to English law. If you have both, you’ll need separate wills.
We’ll always endeavour to meet your requirements within our packages where possible, but if your wishes are very complicated or tricky, we may need to spend further time discussing your specific requirements with you at a competitive hourly rate. Examples where you’ll incur further cost might be if you have assets in another jurisdiction, or a particularly complex asset structure or scenario (for example, involving lengthy trusts).
Remember, we guarantee to match any written quote from an Isle of Man advocate or registered legal practitioner designed to suit your specific requirements. If you have any queries, please get in touch.
[/vc_toggle][vc_toggle title=”What is Intestacy?”]Intestacy means passing away without a Will. It can also happen in circumstances when someone passes away, with a Will that isn’t properly drafted. This is known as partial Intestacy.
Intestacy means that a person’s assets will be distributed in accordance with the legislation and it is a fixed process. The default position is that everything belonging to a person passes to the state, i.e. the Isle of Man Government. Steps can be taken to ensure that this doesn’t happen, but there are complicated rules in place setting out which members of your family get what, and under which circumstances.
Furthermore, people who are dependent on you if you don’t get your Will sorted out face a long and complicated legal challenge to get what is theirs, under the law. A legal battle over and above dealing with the death of a loved one is not something anybody wants.[/vc_toggle][vc_toggle title=”Who should my Executor be?”]You can choose. Our advice is that you consider very carefully who you pick, however. Friends and family might seem like an obvious choice, but they can change their mind, have a conflict of interest or even die before you.
If you choose your husband, wife or civil partner, remember that they will automatically cease to be Executor if you become divorced. You’ll need to think carefully to choose a few different people, and make sure you get their permission as they can choose not to take up the duty if they don’t want to.
The safest choice is someone who is totally independent, which is why we recommend using a professional. For example, Lawyers are insured and regulated by a statutory body with a Code of Conduct and Ethics, which makes using a Unity Legal lawyer a safe option.
[/vc_toggle][vc_toggle title=”What is contested Probate?”]Contested Probate occurs when someone challenges the content of a Will and the Court has to decide who gets what. You can enter into a resolution with the individual to avoid Court hearings.[/vc_toggle][vc_toggle title=”How does a Power of Attorney work?”]A Power of Attorney is a simple (or complicated, depending on what you want) legal document that is a formal, legalised record of what power or control you are giving away, to whom, and why. You are free to decide what the power is and what it covers. The more widely you draft it, the more control you give the other person, and the more narrowly you draft it, the more likely it is that they become ‘stuck’ in a scenario where they can’t do what they need to do.
Remember, on the Isle of Man a Power of Attorney can only give someone the right to deal with financial, and not health affairs.
If you’d like a formal legal document dealing with your health affairs, we recommend the use of an Advance Directive. Read our article on what Advance Directives are, here.[/vc_toggle]