Trustpilot
Will Writing Services in Wigan
Professionally drafted Wills, personally prepared using 27 years of legal experience. Fixed fees are agreed upfront, with free home visits throughout Wigan and the wider Greater Manchester area. Telephone and video appointments are also available.
Put the right plans in place today and enjoy the reassurance of knowing that your wishes are clear, your affairs are organised and the people you care about are better protected.
No obligation. Tell me what you need and I will explain the suitable options and costs before you decide.
Lasting Powers of Attorney and Living Wills can also be prepared alongside your Will or as separate services.
See why clients trust Wise Owl Wills
27 years of legal experience
Fixed Fees agreed upfront
Free Wigan Home visit
Personally drafted for you
Documents usually provided within 7 days
Read what clients say about the clear advice, personal service and reassurance they received when putting their plans in place.
Excellent
Trustpilot
about 12 days ago
Stephen at Wise Owl Wills
We asked Stephen at Wise Owl Wills to prepare our mirror Wills and a letter of wishes. He listened carefully to what we wanted, explained our options clearly and helped us put our wishes into words. Stephen explained how the Wills would provide for each other and our family, and how the letter of wishes could offer additional guidance alongside them. We appreciated having time to ask questions and discuss the details. The personal service made the whole process straightforward and reassuring. We would recommend Wise Owl Wills to couples looking for professionally drafted Wills and thoughtful, practical guidance.
about 1 month ago
A great mirror will service
Me and my partner used Wise Owl Wills for our mirror Wills and a Lasting Power of Attorney. Stephen explained everything in a way that was easy to understand and never made us feel rushed or pressured. The price was agreed beforehand, so we knew exactly what we were paying. Everything was sorted quickly and professionally, and we now feel much happier knowing our affairs are in order. I would definitely recommend Wise Owl Wills to anyone in Denton or Greater Manchester.
about 1 month ago
An excellent personal service could…
An excellent personal service could recommend enough
about 1 month ago
Stephen at Wise Owl Wills prepared both…
Stephen at Wise Owl Wills prepared both my Will and Lasting power of attorney making whole process straightforward easy to understand explaining options clearly and answered questions ensured documents reflected my wishes. He was professional throughout thorough and reassuring. I now have peace of mind knowing that my family provided for and that right people can make appropriate decisions for me if needed. I would highly recommend Wise Owl Wills.
about 1 month ago
Wise Owls wills great help
We found the writing of the will very helpful and was given advice on how to put in our wishes.Found the whole experience stress free and would recommend them to our friends.
about 1 month ago
Easy communication
Easy communication, professionally written wills covering all of the technical issues necessary. Pleased with the price and the result.
Fixed Will-writing fees in Wigan
You will know the cost before deciding whether to proceed. The displayed price is the total fee for the stated service and no VAT is added.
Will-writing fees
Choose the Will that provides the right protection for you and your family. Every Will is personally prepared for your circumstances, with clear guidance and a fixed fee agreed before drafting begins.
Additional Will-planning services
Add only the supporting documents your plans require, with each additional service clearly priced in advance.
If your instructions reveal that a different service would be more appropriate, I will explain that and confirm any change in price before undertaking the work. Lasting Powers of Attorney and Living Wills are also available, with their fees and purposes explained below.
Three simple steps to put your Will in place
1 – Tell me what you need
Call me on 0161 524 1033 or complete the short online form. I will arrange a convenient, no-obligation consultation to discuss what you need.
2 – Talk through your choices
We talk through your family, assets and priorities. I explain the suitable options and agree the fixed fee with you.
3 - Your documents are personally prepared
I personally prepare your Will and normally aim to provide the draft within seven days of receiving all the information required.
The same guided process can cover a Will, one or both types of Lasting Power of Attorney, a Living Will or a suitable combination of documents. You will also receive guidance about signing and witnessing your Will correctly. A Will becomes legally effective only once it has been properly signed.
Why choose Wise Owl Wills
27 years of legal experience focused on you and your family.
Wise Owl Wills was founded by Stephen Rhodes, who was called to the Bar in 1999 and has 27 years of legal experience. Having drafted Wills and dealt with disputes arising from poorly prepared or unclear Wills, Stephen understands both how these important documents should be prepared and what can go wrong when someone’s wishes are not expressed properly. You deal directly with Stephen throughout, from your first conversation to the completion of your documents.
Wise Owl Wills is an independent Will-writing and estate-planning business, not a barristers’ practice, and Stephen does not provide these services in the capacity of a practising barrister. Instead, you receive the benefit of his extensive legal knowledge and experience through a personal, approachable service, with clear explanations, fixed fees agreed in advance and no unnecessary legal jargon.
Whether you require a Will, Lasting Power of Attorney or Living Will, Stephen will take the time to understand your circumstances, explain the available options and prepare documents tailored to your needs and wishes. His aim is to make planning for the future feel straightforward and reassuring, while ensuring that you can make informed decisions with confidence.
A clear Will that reflects your life and your wishes
A Will gives you control over what should happen to your estate, who should deal with it and how the people you care about should be provided for. Without one, the intestacy rules decide who inherits. Those rules cannot take account of informal promises, personal relationships or the individual reasons behind your choices.
I help people throughout Wigan put properly considered arrangements in place. This includes individuals and couples making their first Wills, parents choosing how children should be provided for, homeowners considering trust provisions and families whose circumstances do not fit a standard template.
Every Will is prepared personally. I take time to understand your family, property and priorities, explain the available options in plain English and agree the fee before any drafting begins. You will not be directed through an automated Will builder or left to choose legal clauses without guidance.
A Will deals with what happens after your death. If you also want to choose who could make financial, health or welfare decisions during your lifetime, or record particular medical treatments you would refuse, I can prepare Lasting Powers of Attorney and a Living Will as part of the same planning exercise.
Will-writing advice for different families and circumstances
Wise Owl Wills provides assistance to: –
- Individuals making a first Will or replacing an out-of-date Will
- Married couples, civil partners and unmarried couples who want clear provision for one another
- Parents who want to appoint guardians and plan how children will inherit
- Blended families balancing the needs of a partner, children and stepchildren
- Homeowners considering whether straightforward or trust-based provisions are appropriate
- People wishing to provide for a vulnerable beneficiary without handing over an unrestricted inheritance
- Adult children caring for an elderly parent, and parents who want their Wills to recognise that care
- People who want to appoint trusted attorneys to deal with financial, health or welfare decisions if needed.
Not sure which type of Will you need?
You do not need to decide before contacting me. I will explain the relevant options and their costs so that you can make an informed choice.
Professional Will writing across Wigan
Wigan contains many different communities and family arrangements, but the important question is personal: if something happened to you, would the law produce the result you actually want? A professionally drafted Will can address the people, property and responsibilities that matter in your own life.
Wigan is ageing faster than most of England. The number of residents aged 65 and over rose by 23.1% between the 2011 and 2021 Censuses, compared with 20.1% nationally, and over-65s now make up almost one in five of the borough’s population. Two-thirds of Wigan households own their home (66.4%, against 61.3% for England), and more residents are widowed or divorced than the national average.
Wigan families also do a great deal of caring. At the last Census, 3.4% of residents were providing 50 or more hours of unpaid care every week, well above the England figure of 2.7%. Many of those carers are adult children looking after a parent, often while running their own home and family.
Put together, those facts shape the Wills I prepare here. For many Wigan households the questions are about later life: how to recognise a son or daughter who has done most of the caring, whether a parent in the early stages of dementia can still make or change a Will, what happens to an existing Will if a widowed parent finds a new partner, and whether giving the house away early is a good idea. Where a Will is made later in life, or treats children differently, it is also more likely to be questioned, and a clearly drafted, properly witnessed Will is the best protection against that. The right structure depends upon your circumstances, which is why the consultation comes before the drafting.
Will Writing in Wigan Town
Wigan town centre is in the middle of a long-term regeneration programme, including the redevelopment of The Galleries shopping centre and the historic Wigan Pier quarter on the Leeds and Liverpool Canal. Around it, established neighbourhoods such as Pemberton, Worsley Mesnes and Whelley are home to many long-standing local families.
Much of the Will-writing need in and around Wigan town comes from people who have owned modest homes for a long time and want to be certain they pass to the right people. For older residents, especially those who have been widowed, that often means reviewing a Will made years ago, or making one for the first time now that there is no longer a husband or wife to inherit automatically.
Younger households moving into new housing around the town, including renters and first-time buyers, have different priorities: protecting a partner they are not married to, and naming guardians for their children.
I offer free home visits throughout Wigan town and the surrounding neighbourhoods, as well as telephone and video appointments, all at fixed fees agreed before any work begins.
Will Writing in Leigh
Leigh is the borough’s second-largest town, linked to Manchester by the guided busway and home to landmarks such as Leigh Spinners Mill. It is also growing: on current ward boundaries, the Leigh West and Leigh Central and Higher Folds wards each grew by around 9% between 2011 and 2021.
That growth brings younger households, many of them couples living together without being married. If that describes you, a Will is the only way to make sure your partner inherits from you. The intestacy rules give a cohabiting partner nothing, however long you have been together.
Leigh also has many older residents, some caring for a parent or partner, and some in second relationships later in life. For them, a Will can recognise the help a carer has given, protect children from a first marriage, and set out clearly what should happen to the family home.
I offer free home visits throughout Leigh, along with telephone and video appointments and transparent fixed fees.
Will Writing in Ashton-in-Makerfield
Ashton-in-Makerfield sits in the south-west of the borough, close to the M6 and Haydock Park. Unlike much of Wigan, its population fell slightly between 2011 and 2021: the Ashton-in-Makerfield South ward shrank by around 4%, and Bryn with Ashton North by around 2%.
A stable or shrinking population usually means an older, settled community, where many people have lived in the same house for decades. For those households, the main Will-writing concerns are practical. Is there an up-to-date Will at all? Are the executors named in it still alive and able to act? And if one child has done more of the caring as a parent has grown older, does the Will reflect that?
Where there is any doubt about a parent’s memory or health, it is also worth making or updating a Will sooner rather than later, and in a way that reduces the risk of it being challenged afterwards.
I provide free home visits throughout Ashton-in-Makerfield and Bryn, as well as telephone and video appointments, all at fixed fees.
Will Writing in Atherton
Atherton lies in the east of the borough, on the railway line between Wigan and Manchester. The Atherton North ward grew by around 7% between 2011 and 2021, reflecting new housing and families moving into the town.
Atherton’s mix of long-established homeowners and younger working families produces a range of Will-writing needs. Younger couples want to protect each other and appoint guardians. Established homeowners want to know that the house and savings will pass as intended, and that any Will made years ago still works.
Wigan has more divorced adults than the England average, and many families here include children from more than one relationship. If you have children from an earlier relationship, a Will that simply leaves everything to your current partner can leave those children with nothing in the end. A trust in your Will can protect both.
I offer free home visits throughout Atherton, as well as telephone and video appointments and fixed fees agreed upfront.
Will Writing in Tyldesley
Tyldesley, next to Atherton and Astley, is served by the guided busway into Manchester and has a strong local identity. Together with Mosley Common, its ward grew by around 7% between 2011 and 2021, to roughly 12,300 residents on current boundaries.
For first-time buyers in Tyldesley, and particularly for couples who are not married, a Will is the first thing to put in place alongside the mortgage. For families, it is where guardians are named and where you decide how any money left to your children will be looked after.
For older residents, the priorities shift towards keeping an existing Will up to date and, where one family member has given a great deal of time to caring, making sure that is recognised in a way the rest of the family will understand.
I provide free home visits throughout Tyldesley and Mosley Common, together with telephone and video appointments and fixed fees.
Will Writing in Hindley
Hindley lies between Wigan and Westhoughton, with its own railway station. The Hindley ward’s population was broadly stable between 2011 and 2021, while neighbouring Hindley Green grew by around 7%.
Hindley is a settled town with many older homeowners, and one of the most common situations is a widowed parent who has never updated their Will since their husband or wife died. A Will that left everything to a spouse who has since died may still work, but it may name executors who are no longer suitable or fail to deal with grandchildren. It is worth checking.
Younger households in Hindley Green, many of them in newer housing, have different priorities: protecting a partner and naming guardians for children.
I offer free home visits throughout Hindley and Hindley Green, along with telephone and video appointments, all at fixed fees.
Will Writing in Golborne
Golborne sits at the southern edge of the borough, near the East Lancashire Road and the Warrington boundary. It shares a ward with the western part of Lowton, which grew only slightly between 2011 and 2021, and around one in five residents of that ward was aged 65 or over at the last Census.
An older, settled community means many Golborne households are thinking about later life. Some want to know whether giving the house to their children now would protect it from care fees. It usually will not, and it can create new risks. Others are caring for a parent or partner and want to make sure the person they look after is provided for if they die first.
For younger families in Golborne, the essentials are the same as anywhere: guardians, protection for a partner, and a clear choice of executor.
I provide free home visits throughout Golborne, as well as telephone and video appointments and transparent fixed fees.
Will Writing in Standish
Standish, on the northern edge of the borough near junction 27 of the M6, is one of Wigan’s most sought-after places to live, with a village centre and well-regarded schools. It is also growing quickly: the Standish with Langtree ward’s population rose by around 13% between 2011 and 2021, one of the largest increases in the borough, driven by new housing.
Families moving into Standish’s new estates often have young children, a sizeable mortgage and death-in-service cover through work. For them, a Will names guardians, decides who looks after the children’s money, and should fit with pension nominations and any life insurance.
Standish also has many established homeowners whose properties have risen considerably in value. For them, it is worth checking whether inheritance tax could apply and whether their Wills make full use of the allowances available.
I offer free home visits throughout Standish and Langtree, together with telephone and video appointments and fixed fees.
Will Writing in Lowton
Lowton lies on the East Lancashire Road on the Warrington side of the borough, and has seen a great deal of new housing. The Lowton East ward grew by around 9% between 2011 and 2021, and official estimates suggest it has kept growing since.
New housing brings new households, and many of the people moving into Lowton are young couples and families buying their first or second home. If you are not married, a Will is essential to protect your partner. If you have children, it is the only way to appoint a guardian.
Lowton also has established homeowners who want to make sure the family home passes cleanly, and parents who want to provide for grandchildren as well as children.
I provide free home visits throughout Lowton, as well as telephone and video appointments, all at fixed fees.
Will Writing in Orrell
Orrell sits on the western edge of the borough, close to junction 26 of the M6 and the M58, with Orrell Water Park on its doorstep. The Orrell ward grew by around 5% between 2011 and 2021, to roughly 12,100 residents.
Orrell is a settled suburb, and many of the households here are established couples whose children have grown up. For them, the priorities are usually making sure the surviving partner is secure, that the house eventually passes to the children, and that an older Will still reflects the family as it is now.
Where one partner has been married before, or where adult children have their own marriages and finances, a Will with a trust can give more protection than a simple one.
I offer free home visits throughout Orrell, Winstanley and Billinge, together with telephone and video appointments and fixed fees.
Free home visits and remote Will appointments in Wigan
The areas named above are examples rather than an exhaustive list. Free home visits for Wills, Lasting Powers of Attorney and Living Wills are available throughout the Wigan borough and the wider Greater Manchester area. Telephone and video appointments are available wherever you live.
A home appointment provides the same opportunity to discuss your circumstances and ask questions as a remote appointment. If you want more than one service, your Will, LPA and Living Will requirements can usually be discussed together.
Which type of Will might you need?
The following summary explains the available services. The final recommendation will depend upon your instructions and the protection you want to achieve.
| Service | When it may be suitable |
|---|---|
| Single Will | For one person whose wishes can be dealt with through straightforward provisions |
| Mirror Wills | For a couple making separate Wills in broadly corresponding terms. |
| Trust Will | Where additional control or protection may be required, including some blended-family arrangements, young or vulnerable beneficiaries, or carefully structured property planning. |
| Codicil | For a limited amendment to an existing Will where a complete replacement is not the better option. |
| Letters of Wishes | To give non-binding personal guidance to executors or trustees alongside the legal provisions of a Will. |
| Notice of Severance | To change jointly owned property from a joint tenancy to a tenancy in common when this forms part of appropriate estate planning. |
Lasting Powers of Attorney and Living Wills
Many clients first contact me because they need a Will and then ask whether they should make arrangements for decisions during their lifetime. I also prepare Lasting Powers of Attorney and Living Wills. These can be arranged alongside your Will or as separate services.
Lasting Powers of Attorney
A Lasting Power of Attorney allows you to appoint trusted people to make particular decisions or act for you. A Property and Financial Affairs LPA can cover matters such as bank accounts, bills, investments and property. A Health and Welfare LPA can cover care, medical treatment and where you live, but it can be used for a particular decision only when you lack capacity to make that decision yourself.
Lasting Power of Attorney fixed fees
Choose a Property and Financial Affairs LPA, a Health and Welfare LPA, or both, and give people you trust the authority to act if you can no longer make particular decisions yourself.
Office of the Public Guardian registration fee: £92 for each LPA, payable to the OPG when you register your LPA. A reduction or exemption may be available depending upon the donor’s income or benefits.
Living Wills
A Living Will, formally called an Advance Decision to Refuse Treatment, records specified medical treatments that you wish to refuse in defined future circumstances if you cannot make or communicate the decision at that time. It serves a different purpose from a Health and Welfare LPA, although the two documents are sometimes considered together.
Living Wills fixed fees
Choose the Will that provides the right protection for you and your family. Every Will is personally prepared for your circumstances, with clear guidance and a fixed fee agreed before drafting begins.
Frequently Asked Questions in Wigan
Do you provide Will writing services in Wigan?
Yes. I provide professional Will-writing services across the Metropolitan Borough of Wigan, including free home visits to clients in Wigan town, Leigh, Ashton-in-Makerfield, Atherton, Tyldesley, Hindley, Golborne, Standish, Lowton and Orrell. Telephone and video appointments are also available for clients who prefer to arrange their Will remotely. I work with older homeowners, carers, widowed and divorced clients, couples in later-life relationships and young families across the borough. My service is built on clear advice, transparent fixed fees and professionally drafted documents tailored to your individual circumstances, whether you are making a Will for the first time, updating an existing one or looking for more specialist estate planning advice. To arrange a free consultation, call me on 0161 524 1033 or complete my contact form.
Can you visit me at home in Wigan?
Yes. I offer free home visits to clients across the Wigan borough. Whether you live in Wigan town, Leigh, Ashton-in-Makerfield, Atherton, Tyldesley, Hindley, Golborne, Standish, Lowton or Orrell, I can come to you at a time that suits you. A home visit means you can discuss your wishes, ask questions and give your instructions in the comfort and privacy of your own home, with no need to travel to an office. This is particularly convenient for older residents, those with mobility considerations, carers and anyone with a busy family or working schedule. If a home visit isn’t convenient, telephone and video appointments are also available, so you can arrange a professionally drafted Will without leaving home. To book your free home visit, call me on 0161 524 1033 or complete my contact form.
Can I make my Will by telephone or video call?
Yes. Your instructions can be taken by telephone or video, and you’ll receive the same personal discussion and tailored drafting as you would during a home visit. I’ll also explain exactly how your completed Will needs to be signed and witnessed to be legally valid.
What is the difference between a Will, a Lasting Power of Attorney and a Living Will?
A Will records what should happen to your estate after your death. A Lasting Power of Attorney appoints people you trust to make decisions or act on your behalf during your lifetime, if you’re ever unable to do so yourself. A Living Will (formally an Advance Decision to Refuse Treatment) records specific medical treatments you would refuse in defined future circumstances. Many clients arrange a Will on its own; others choose to put an LPA or Living Will in place at the same time. Find out more about Lasting Powers of Attorney and Living Wills.
How much does a Will cost?
A Single Will costs £130 and Mirror Wills for a couple cost £200. A detailed Will including a trust costs £200, or £300 for detailed mirror Wills for a couple. I’ll explain which option suits your circumstances and confirm the total fee before you decide whether to go ahead. The price shown is the total fee, no VAT is added.
How quickly can my Will be completed?
I normally aim to provide your draft within seven days of receiving your complete instructions. The process starts with a consultation, either a free home visit anywhere in the Wigan borough, or by telephone or video, which most clients find takes less than an hour. I take your full instructions, explain your options in plain English and confirm the fixed fee. Once you’re satisfied your draft reflects your wishes, you sign it in the presence of two witnesses and it becomes legally valid. For clients requiring a trust-based Will, the drafting process may take a little longer to ensure every provision is precisely right, and I’ll tell you straightaway if that applies to you. There’s no pressure to rush at any stage: a Will that doesn’t accurately reflect your wishes provides no protection at all.
Do I need an LPA as well as a Will?
A Will and an LPA deal with different situations, so it’s worth thinking about both rather than treating them as alternatives. Your Will only takes effect after your death. A Lasting Power of Attorney allows people you choose to make decisions or act on your behalf while you’re still alive, if you’re ever unable to manage your own affairs. You can arrange either on its own, or both together at the same time as your Will.
We've lived together for years in Wigan. Doesn't that give my partner some rights?
Not on inheritance. However long you have lived together, the law of England and Wales does not treat a cohabiting partner as family when someone dies without a Will. The intestacy rules pass everything to a husband, wife or civil partner, then to children, then to parents, brothers and sisters and other relatives. An unmarried partner is not included at any stage.
Anything you own jointly as joint tenants passes to your partner automatically, and a pension may be paid to them if you have nominated them. Everything else, including your share of a home owned as tenants in common, goes to your relatives. A partner who has lived with you for at least two years can ask a court for reasonable financial provision, but that means litigation at the worst possible time, against your own family, with no guarantee of success.
This affects more Wigan households than it used to. The share of Wigan adults who are married or in a civil partnership fell from 47.6% to 43.8% between 2011 and 2021, a sharper fall than in neighbouring Bolton, while the share who have never married rose to 37.2%. Many of those are couples living together, some of them later in life after a divorce or bereavement.
A Will that names your partner is the straightforward answer. Read more in my article on unmarried partner inheritance. To arrange a free consultation, call me on 0161 524 1033 or complete my contact form.
If something happened to me, who would look after my children?
If there is a surviving parent with parental responsibility, they will normally take over. If not, and you have not named anyone in a Will, the family court decides. A Will is the only place a parent can appoint a guardian, so it is the only way to make that choice yourself.
When choosing a guardian, think about who your children know and trust, who shares your values and who could realistically take them on. Name a back-up in case your first choice cannot act, and speak to the people you have in mind before you name them. It is also sensible to choose trustees to manage any money you leave your children, and to decide at what age they should receive it. Without a Will, children inherit outright at 18.
Many parents consider naming a grandparent as guardian. That can work well, but it is worth thinking about their age and health, and naming a younger back-up.
Read more in my article on appointing guardians for your children. To arrange a free consultation, call me on 0161 524 1033 or complete my contact form.
How do I provide for my new partner and my children from my first marriage?
The key is not to rely on goodwill. If you leave everything to your partner and trust them to pass it on to your children later, you are relying on them never changing their Will, never remarrying and never needing the money. The law lets them do as they wish with it once you have died.
A life interest trust in your Will avoids that. Your partner can live in the home, or receive the income from your share, for the rest of their life. When they die, your share passes to your children. Your partner is secure, and your children’s inheritance is protected.
Remember too that the intestacy rules do not recognise stepchildren. If you want to leave something to your partner’s children, your Will must name them.
Wigan has more divorced adults than the England average (9.8% against 9.1%), and many families here include children from more than one relationship. Read more in my article on how to write a Will for a blended family. To arrange a free consultation, call me on 0161 524 1033 or complete my contact form.
I care for a disabled relative. What happens to them if I die first?
That is one of the most important questions a carer can ask, and a Will is a large part of the answer. If you leave money directly to a disabled or vulnerable relative, it may reduce or stop means-tested support such as Universal Credit or local authority help with care, and they may find it hard to manage.
The usual solution is a discretionary trust in your Will. Trustees you choose hold the money and use it for your relative’s benefit, paying for things that improve their life, without it counting as their own capital. A Letter of Wishes can tell the trustees about your relative’s needs, routines and preferences, which is often the information families find most valuable.
It is also worth thinking beyond the Will. A Lasting Power of Attorney makes sure someone can manage your own affairs if you become unable to, so the care you provide is not suddenly interrupted.
This matters to a great many Wigan families. At the 2021 Census, 3.4% of Wigan residents were providing 50 or more hours of unpaid care a week, compared with 2.7% across England. Read more in my article on protecting vulnerable beneficiaries in a Will. To arrange a free consultation, call me on 0161 524 1033 or complete my contact form.
I've done most of the caring for Mum. Can her Will recognise that without causing a family row?
Yes. A parent is entitled to leave more to the child who has cared for them, and many choose to. What matters is how it is done.
The Will should say clearly what each person receives. Your mum may also want to explain her reasons in a Letter of Wishes, which is not legally binding but can help the rest of the family understand the decision. If there has been a promise, for example that the carer would have the house, it is far better to put that in the Will than to leave it as an understanding. Unwritten promises about property are a common source of expensive disputes.
Because a Will that treats children differently is more likely to be questioned, it helps if it is prepared independently, with your mum giving instructions herself, and signed with proper witnesses. If there is any question about her memory, medical evidence of her capacity at the time can be valuable.
At the 2021 Census, 3.4% of Wigan residents were providing 50 or more hours of unpaid care every week, well above the England average. Many of those carers are adult children looking after a parent.
To arrange a free consultation, call me on 0161 524 1033 or complete my contact form.
Could my Will be challenged after I die?
Any Will can be challenged, but a properly prepared one is very hard to overturn. The main grounds are that the person lacked the mental capacity to make a Will, did not know and approve of what it said, was pressured into it (undue influence), or that it was not signed and witnessed correctly.
Separately, certain people can ask the court to change how an estate is divided if the Will does not make reasonable financial provision for them. They include a husband, wife or civil partner, a former spouse who has not remarried, children of any age, someone who lived with you as a partner for at least two years, and anyone you were supporting financially. Claims must normally be made within six months of the grant of probate.
Having dealt with disputes arising from poorly prepared and unclear Wills, I know the weaknesses that are usually exploited: vague wording, instructions given by someone other than the person making the Will, no record of why a child was left less, and signing arrangements that were not followed properly. A clear Will, instructions taken directly from you, a record of your reasons where you are treating people differently, and correct signing all make a challenge far less likely to succeed.
To arrange a free consultation, call me on 0161 524 1033 or complete my contact form.
My dad has been diagnosed with early dementia. Can he still make a Will?
Possibly, yes. A diagnosis of dementia does not automatically mean someone cannot make a Will. The legal test is whether, at the time the Will is made, he understands that he is making a Will and what it does, has a broad idea of what he owns, understands who might expect to benefit, and is not affected by any disorder of the mind that distorts his judgement about them.
Capacity can vary from day to day, so timing matters. Where there is any doubt, it is good practice to ask a doctor to assess and record his capacity when the Will is made. That evidence can be crucial if the Will is questioned later.
If he has lost capacity, it may still be possible to apply to the Court of Protection for a statutory Will, but that is slow and expensive. The better course is to act early. The same applies to a Lasting Power of Attorney, which also requires capacity and lets people he trusts manage his affairs later on.
With the number of over-65s in Wigan rising by 23% in ten years, this is a question many families face. If you are concerned about a parent, it is worth arranging an appointment sooner rather than later. I can visit at home, which is often less stressful.
To arrange a free consultation, call me on 0161 524 1033 or complete my contact form.
I'm widowed and have met someone new. What happens to my Will if I remarry?
It is automatically cancelled. In England and Wales, marriage or civil partnership revokes any existing Will, unless the Will was written in expectation of that particular marriage. If you remarry and do not make a new Will, the intestacy rules apply, and your new husband or wife could inherit most or all of your estate, including a home you shared with your late spouse. Your children may receive far less than either you or their late parent intended.
If you do not remarry but live with your new partner, the position is different but no simpler. Your existing Will stands, so your partner receives nothing unless you change it. After two years of living together, however, they may be able to bring a claim against your estate.
Either way, the answer is a new Will made with your plans in mind. Many people in this position use a life interest trust, so that a new partner can stay in the home for life while the property eventually passes to their children. If you are planning to marry, the Will can be written in contemplation of the marriage so it survives the wedding.
Wigan has more widowed residents than the England average (6.8% of adults against 6.1%). Read more in my article on when you should update your Will. To arrange a free consultation, call me on 0161 524 1033 or complete my contact form.
Should I give my house to my children now to avoid care home fees?
Usually not. It is one of the most common ideas people have, and it often causes more problems than it solves.
First, it may not work. If a local authority decides that you gave your home away in order to avoid paying for care, it can treat you as still owning it. There is no fixed time limit after which a gift is safe from this. Second, if you carry on living in the house without paying a market rent, it will usually still count as part of your estate for inheritance tax. Third, it can cost your children money: when they eventually sell, they may face capital gains tax that would not have applied if they had inherited the house on your death.
It also puts your home at risk. Once the house belongs to your children, it can be affected by their divorce, their debts or their own death, and you have no legal right to stay.
There are better ways to protect part of the family home, such as a life interest trust in each partner’s Will, which protects the first share if the survivor later needs care. With Wigan’s over-65 population rising by almost a quarter in ten years, it is well worth discussing before making any decision.
Read more in my article on how to protect your home from care fees. To arrange a free consultation, call me on 0161 524 1033 or complete my contact form.
Do I need a solicitor to make a Will in Wigan?
No. You don’t need a solicitor to make a Will in Wigan. In England and Wales, Wills can be drafted by a professional Will-writer who isn’t a solicitor.
I founded Wise Owl Wills after being called to the Bar of England and Wales in 1999, bringing 27 years of experience in the legal profession. As an independent Will-writing business rather than a solicitors’ practice, I’m able to offer a modern, approachable and affordable service, with documents explained in plain English and appointments available at home, by telephone or by video.
What matters is not whether your Will-writer holds a solicitor’s qualification, but whether they have the knowledge, experience and attention to detail to produce a document that’s legally valid and genuinely tailored to your circumstances. The Will-writing industry in England and Wales isn’t currently regulated in the same way as solicitors, which makes choosing one with demonstrable legal expertise all the more important. To arrange a free consultation, call me on 0161 524 1033 or complete my contact form.
Arrange your free Will consultation
If you live in Wigan and want a professionally drafted Will that reflects your family, property and wishes, contact me for a free initial consultation. If you also want to discuss a Lasting Power of Attorney or Living Will, these can be considered during the same home visit, telephone appointment or video call.
TrustpilotNo obligation. Tell me what you need and I will explain the suitable options and costs before you decide. All information you provide is treated confidentially, and I aim to respond within one working day.