5 Types of Wills You Can Create 

Each person is different with distinct personal situations and unique relationships. Keeping so many angles in mind, the law allows different kinds of Wills to suit your needs. The importance of choosing the right kind of Will is so much as it decides the fate of your loved ones. 

In this blog post, you will learn the five types of Wills you can consider. 

1. Simple Wills

The first type of Will that most people think of is the simple Will. It’s a short document that is more than sufficient to nominate an executor and the beneficiaries of the estate. An executor is someone who manages the dealings of the estate after the death of the Will-maker. The beneficiaries are the people entitled to share of your property. 

In simple Wills, the entirety of the estate generally passes on to the spouse. However, if the spouse passes away before the Will-maker, their children will inherit. 

These Wills also allow you to gift particular assets or money to the people of your choosing, and they need not be primary beneficiaries of the estate.  

The main goal of simple Wills is to ensure a person does not pass away intestate, i.e., without a valid Will in place. The mere existence of the Will clears the path for your descendants to successfully inherit their share of the estate successfully. 

So who should choose simple Wills?

• People with only a few assets.
• People who only had one marriage.
• People who do not have children with different people.

The bottom line is that simple Wills cannot include complicated clauses in regard to blended families or large estates. 

2. Statutory Wills

The second type of Will you should know about is a statutory WIll. It is a Will the Court makes, not the owner of the estate. Yes, you’ve read that right!

The Court creates the Will on behalf of a person without testamentary capacity to create their own Will. For example, the person may have a mental illness that takes away their testamentary capacity. In this case, the Court intervenes and creates a Will on behalf of the person. 

Another case for requiring statutory Wills is neurodegenerative disorders, such as dementia or other psychiatric conditions. 

In these cases, especially when the person has large assets, a statutory Will is needed to handle the estate after the person’s death. Therefore, the Court stipulates the distribution terms of the estate. 

The judge considers all the evidence and determines the best course of action to ensure that the distribution of the estate is fair and square. It is best to consult a solicitor and take their advice when considering a statutory Will. 

3. Testamentary Trust Wills

Out of all the five types of Wills on this list, the testamentary trust Wills is the most complex one. It allows you to establish testamentary trusts from an estate, including the terms of that trust in the estate Will. This makes the document longer and more complicated. 

The designated estate does not pass directly to the beneficiaries upon the death of the Will-maker but rather is placed into one or more Testamentary Trusts. 

The trustee now decides when and how to divide the beneficiaries’ part of the estate. Beneficiaries may benefit from the flexibility and tax reductions due to this. 

Although the beneficiaries of a testamentary trust receive the benefit, the trustee has complete authority over those assets. It’s crucial to pick a trustworthy person for the trustee position since they have authority over the property and their dispersal. 

The assets are also better safeguarded since they are kept in a trust rather than given directly to the recipients. 

For instance, if a benefactor is going through a divorce, assets placed in a trust get shielded from the claims of the beneficiary’s ex-spouse. It is also more challenging for creditors to seize assets stored in a trust in the case of bankruptcy.

Therefore, testamentary trust Wills are only for estates with large wealth, complications, etc. It’s a way to protect both the beneficiaries as well as the estate. 

4. Mutual Wills 

The last type of Will is the mutual Will. Mutual Wills are agreements between a married couple to create an estate will that is legally enforceable. 

The couple is aware that the provisions established in each property’s will about the beneficiaries will be enforceable on the surviving spouse following the death of either spouse. Mutual Wills contractually obligate the surviving spouse not to change the terms of the agreed-upon property Will without specific written consent between the couple. 

Mutual Wills have the benefit of helping couples in making plans for their beneficiaries. They are frequently used to guarantee that their children inherit their estate, even if the surviving spouse marries again after the Will-maker’s passing. 

However, they could also potentially result in legal action. If the surviving spouse writes a new Will that conflicts with the original Will, the beneficiaries under the earlier Will may initiate legal action to have the mutual Will enforced. 

Thus, seek the advice of a solicitor before planning to take any action. 

5. Online Wills 

The last type of Will is the online Will. They are created online, legally valid, contain all necessary information, and are suitable for large estates. 

Those who are savvy online can choose this method to create their property WIll. After the Will creation, Will and estate experts will verify it. Then, you can download your Will and keep it safe somewhere. 

The biggest advantage of these online Wills is that it is incredibly convenient to make updates. 

Conclusion

Writing a Will is the best way to ensure that your wealth is properly dealt with after passing away. It helps in paving the right path for your beneficiaries. 

However, it is quite understandable how confusing it all can be. It can certainly be helpful to have professional help on your side. Probate consultants is a good name to remember. You can book a consultation with them and learn everything from letters of administration to the duties of next of kin.