Making a Will

Without a valid will, your estate passes under the intestacy rules — a fixed legal formula that determines who inherits and in what proportions. The intestacy rules may not reflect your wishes, and can have serious consequences:

• Unmarried partners get nothing. No matter how long you have lived together, an unmarried partner has no automatic right to inherit under the intestacy rules in England and Wales. If you want your partner to inherit, you must have a will.
• Stepchildren do not automatically inherit. Unless you have legally adopted your stepchildren, they are not included as your children under intestacy.
• Your estate may be divided in ways you would not choose. If you have a spouse and children, the intestacy rules split the estate — your spouse does not automatically get everything.
• Inheritance tax planning may be missed. A well-drafted will can make use of the residence nil-rate band, spouse exemptions, and charitable gifts to reduce inheritance tax.
• You cannot appoint guardians for minor children without a will. If you have children under 18, appointing a guardian in your will is essential.

A will can also include personal wishes about your funeral, the care of pets, and specific gifts of sentimental items that intestacy rules cannot accommodate.

A comprehensive will should address the following:

• Revocation clause: A statement that the will revokes all previous wills and codicils.
• Appointment of executors: The person(s) who will administer your estate (obtain probate, pay debts, distribute assets). You can appoint up to four executors; naming at least two is advisable.
• Guardianship of minor children: If you have children under 18, you can appoint a guardian to have parental responsibility for them after your death.
• Specific gifts: Particular items of property (a piece of jewellery, a car, a specific sum of money) left to named individuals.
• Residuary estate: Everything remaining after debts, taxes, funeral costs, and specific gifts have been paid — left to one or more named beneficiaries (or trusts).
• Substitute beneficiaries: What happens if a beneficiary dies before you.
• Trusts for minor beneficiaries: If you are leaving assets to children, you should include a trust and specify the age at which they can inherit outright.
• Funeral wishes: These are not legally binding but provide helpful guidance to your family.

Note: a will cannot deal with jointly held property (which passes by survivorship to the surviving co-owner), pension death benefits (which are directed by nomination forms to your pension provider), or life insurance policies written in trust. These must be addressed separately.

Under the Wills Act 1837, a will is only valid in England and Wales if:

1. It is in writing (typed or handwritten — there is no prescribed form).
2. It is signed by the testator (the person making the will) or by someone at their direction if they cannot sign.
3. The testator's signature is acknowledged in the presence of two witnesses who are both present at the same time.
4. Each witness signs the will (or acknowledges their signature) in the presence of the testator.

Who cannot be a witness:

• Anyone who is a beneficiary under the will, or the spouse or civil partner of a beneficiary — if they witness the will, they lose their entitlement under it (the attestation is still valid but the gift to that witness/their spouse fails).
• Anyone who lacks mental capacity to understand what they are witnessing.
• A minor (under 18) cannot be a witness.

Mental capacity (testamentary capacity): The testator must understand the nature of making a will and its effects, the extent of the property being disposed of, the claims of potential beneficiaries, and the terms of the will. If capacity is in doubt, it is advisable to have a medical practitioner assess capacity and create a contemporaneous note — this helps prevent challenges after death.

Where to store your will:

• With your solicitor (they will usually store it for free if they drafted it)
• At a bank in a safe deposit box
• With the Probate Registry's National Will Safeguarding Service (for a small fee)
• At home in a fireproof safe — but tell your executor where it is

Register your will with the National Will Register (operated by Certainty) so it can be found after your death.

When to update your will: Review your will whenever your circumstances change — after marriage or civil partnership (which revokes your will automatically), after divorce (which removes gifts to an ex-spouse but does not revoke the will), after a birth in the family, after acquiring significant new assets, or if an executor or beneficiary dies.

DIY wills vs solicitor:

• DIY will kits and online services (£5–£100) are suitable for very simple estates — one beneficiary, no trusts, no complex assets. Errors in DIY wills are common and can invalidate the will or lead to unintended consequences.
• Online will-writing services (£50–£150) provide more guidance than a DIY kit. Quality varies — check whether the service is a member of the Society of Will Writers or the Institute of Professional Willwriters.
• Solicitor-drafted wills (£150–£400 for a single will; £250–£600 for a mirror will pair) are recommended for complex estates, second marriages, business assets, or inheritance tax planning. Use a solicitor regulated by the Solicitors Regulation Authority (SRA).