Making a Will is one of the most effective ways to protect the people you care about and ensure that your wishes are followed after your death. However, many people delay making one because they believe they are too young, do not own enough assets or assume that their family will automatically inherit everything.
In reality, a Will can be important for almost every adult. It can determine who receives your money, property and possessions, who is responsible for administering your estate and who should care for your children if you die while they are still under 18.
This guide explains the importance of making a Will in England and Wales, the legal requirements that must be followed and the circumstances in which professional advice may be particularly valuable.
What is a Will?
A Will is a legal document setting out what should happen to your estate after your death. Your estate may include your home, savings, investments, vehicles, personal belongings and business interests, together with any debts and liabilities that must be dealt with.
Your Will can name the people or organisations you wish to benefit from your estate. These are known as beneficiaries.
It can also appoint one or more executors. Executors are responsible for administering your estate, which may involve valuing your assets, settling outstanding debts, dealing with tax, applying for a grant of probate where required and distributing the remaining estate in accordance with your Will.
Choosing suitable executors is therefore an important decision. The people you appoint should be trustworthy, organised and capable of dealing with the responsibilities involved.
What happens if you die without a Will?
When someone dies without leaving a valid Will, they are said to have died intestate. Their estate is then distributed under the statutory intestacy rules rather than according to their personal wishes.
The intestacy rules determine which relatives are entitled to inherit and in what order. The outcome depends on factors including whether the person was married or in a civil partnership, whether they had children and the value of their estate.
A surviving spouse or civil partner may inherit all or part of the estate. Where the deceased also leaves children, the estate may be divided between the surviving spouse or civil partner and those children, depending on its value.
Unmarried partners do not automatically inherit under the intestacy rules, regardless of how long the couple lived together. Stepchildren do not ordinarily inherit under those rules unless they were legally adopted by the deceased.
Friends, carers and charities will not inherit under intestacy simply because the deceased would have wanted them to benefit.
Making a Will allows you to decide who should inherit rather than leaving that decision to a fixed statutory framework.
What can you include in your Will?
A carefully drafted Will may cover a wide range of personal and financial matters.
You can specify who should receive particular assets, such as your home, jewellery or family possessions. You can also divide the remainder of your estate between named beneficiaries in chosen proportions.
Parents can use their Wills to appoint guardians for children under 18. A guardianship provision can help establish who should assume parental responsibility if both parents die. Without clear arrangements, uncertainty and disagreements may arise at an already distressing time.
You may also create trusts within your Will. For example, money can be held for a child until they reach a specified age rather than being inherited outright at 18. Trusts can also be considered where a beneficiary is vulnerable, has a disability or may require help managing an inheritance.
A Will may include gifts to charities, funeral wishes and instructions concerning digital assets. Funeral wishes are not generally binding on executors, but recording them can still provide useful guidance to your family.
Business owners should consider what should happen to their shares or business interests and whether their Will is consistent with any shareholder, partnership or succession arrangements.
What makes a Will legally valid?
In England and Wales, a Will must meet strict legal requirements.
Generally, the person making the Will must be at least 18, make it voluntarily and have the necessary mental capacity. The Will must be in writing and signed by the person making it in the presence of two witnesses who are both over 18. The witnesses must then sign the Will in the presence of the person making it.
The signing and witnessing process must be completed correctly. Errors may lead to uncertainty, delay or a dispute about whether the Will is valid.
A beneficiary should not act as a witness. Neither should the spouse or civil partner of a beneficiary. Although this may not invalidate the entire Will, the gift to that beneficiary may fail.
A Will should also clearly revoke earlier Wills and should be drafted in language that accurately records the person’s intentions.
Can you write your own Will?
It is possible to prepare your own Will. However, a homemade Will carries risks, particularly where the wording is unclear, the signing procedure is not followed correctly or important circumstances are overlooked.
Professional advice may be particularly important if you:
- own a business;
- own property outside the UK;
- have children from an earlier relationship;
- live with an unmarried partner;
- want to provide for a vulnerable beneficiary;
- wish to exclude someone who might expect to inherit;
- have a large or complicated estate;
- are concerned about a possible dispute; or
- require inheritance tax or trust advice.
A solicitor can help identify potential issues and ensure that the document reflects your intentions clearly and legally. Government guidance also recommends seeking advice where a Will is not straightforward.
For accessible legal guidance and modern estate-planning support, Nakdlaw can also help individuals understand their options before important decisions are made.
When should you review your Will?
A Will should not be treated as a document that is written once and forgotten. It is sensible to review it periodically and whenever your personal or financial circumstances change.
You should consider reviewing your Will after marriage, the formation or dissolution of a civil partnership, separation, divorce, the birth or adoption of a child, the death of an executor or beneficiary, a substantial change in your finances or the purchase of property.
Marriage or the formation of a civil partnership will usually revoke an existing Will unless the Will was made in contemplation of that specific marriage or civil partnership. This can create an unintended intestacy, making it especially important to obtain advice before or shortly after the ceremony.
You cannot simply write alterations onto a signed Will. Changes usually require a formally executed codicil or a replacement Will. A codicil must be signed and witnessed using the same formalities that apply to a Will. For significant changes, preparing a new Will is often clearer and safer.
Where should your Will be kept?
Your original signed Will should be stored securely while remaining accessible to your executors when it is needed.
You should tell your executors where the original document is held. A photocopy may help them understand your intentions, but the original is normally required when applying for probate.
Avoid attaching documents to the original Will with staples or paperclips, as marks or damage can create questions about whether another document was once attached.
How Penerley Solicitors can help
Making a Will provides certainty, protects your loved ones and allows you to remain in control of what happens to your estate.
At Penerley Solicitors, we take the time to understand your family, assets and priorities before preparing a Will tailored to your circumstances. We can advise on executors, guardians, gifts, trusts and potential inheritance issues while ensuring that the Will is signed correctly.
Whether you are making your first Will or reviewing an existing one, our team can provide clear and practical advice.
Contact Penerley Solicitors to arrange a confidential discussion about making or updating your Will.
This article provides general information only and does not constitute legal advice. The law and its application depend on individual circumstances.
