A will is a document which allows you to say what you would like to happen to your money, property and other possessions when you die.
It’s important that everyone has a will regardless of their age or health circumstances. This is because if you don’t have a will when you die, the law will decide who inherits from you and this might not be the person you would have chosen yourself.
Who will be your executor?
Before writing a will, it’s important to think about who you would like to manage your ‘estate’ when you die.
This person is referred to as your ‘executor’ and has the important job of selling and distributing possessions in accordance with your wishes, paying any debts and taxes due, applying for grant of probate (if needed) and arranging your funeral.
This is a sometimes difficult and time-consuming job, so it’s important that you chose an executor who is able and willing to carry out this role for you. Some solicitors will act as an executor for you, for a fee.
What assets do you have?
It’s important to think about everything you own; things like personal possessions such as watches and jewellery as well as property, savings, shares and pension pots. You might also want to consider any sentimental items you have. This is referred to as your ‘estate’.
Who would you like to inherit from you?
You can leave your property, money and possessions to anyone, but many people chose their family, friends and charities. These people are referred to as your ‘beneficiaries’.
You can divide your property and possessions between your chosen beneficiaries however you choose – it does not need to be divided equally.
Do you care for any dependants?
A will allows parents or guardians of dependant children and adults to nominate who they would like to support the cared for child or adult in the event of the parent/guardian’s death.
It’s important to know that this nomination would only be regarded as an expression of the parent or guardians wishes and you should seek legal advice if this applies to you.
Write it yourself
You can write a will yourself, but there is certain information that needs to be included, as well as processes that need to be followed, to ensure the will is legally valid. Learn more about writing a will on the GOV.UK website.
Use a solicitor or will writer
Many people believe that it’s safer to use a solicitor, particularly if your situation is complicated, or if there is a chance of a dispute over how your assets are distributed when you die.
Ask family and friends if they can recommend a solicitor or you can visit the Law Society to find a solicitor near you.
Things to consider when writing a will
Free Wills Month
Will Aid
- If you are a member of a trade union or staff federation, you may be offered access to free or low cost will writing services.
- There are also a number of charities which offer a free will writing service in return for a voluntary donation.
Making a will on behalf of someone else
If someone is not able to understand what making or changing a will means, how making or changing a will might affect the people they know, or is unable to understand what property or money they own, they may not be able to write a will themselves.
In some circumstances, it may be possible to create a will on their behalf. This process is called making a ‘Statutory Will’.
Applying for a statutory will
To create a statutory will on behalf of somebody else, you must apply to the Court of Protection.
A number of forms will need to be completed including an application form, a witness statement and an information form. You will also need to send some supporting documents along with your application.
An ‘Assessment of Capacity’ form must also be completed by the person’s doctor; in order to confirm they are not able to make a will themselves.
These forms and a list of the supporting documents you must send along with the application can be found on the GOV.UK website.
There is a fee to create a Statutory Will, which may be higher if a court hearing is needed. If the person you are applying for has a low income or is in receipt of certain types of state benefit, they may not need to pay the fee. See the current fees for statutory wills.
Statutory Wills
Keeping your will up to date
When you have written your will, it’s important to review it at regular intervals. This is because major life events such a separation or divorce, the death of an executor or the birth of a child can sometimes change your wishes. Certain events, such as a new marriage, would also invalidate an existing will.
Storing your will
It’s important that your will is stored in a safe place and that your executors know where to find it when the time comes.
- You could store your will in your home or with your solicitor.
- You could also store your will with the Probate Service for a fee.
- A will can also be stored with the National Will Register for a fee.
Information Session on Planning for the Future
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