Writing a Will
Writing a will is one of the most important things a person can do if they want to ensure their loved ones are looked after when they die. We’ll guide you through every stage of the process.
Why Make a Will
Writing a will is the only way you can ensure your money, property, and other assets (known as your Estate) can be transferred after you die. A will also lets you set out how minor children will be taken care of, ensures your partner receives a share of your finances if you’re unmarried, and much more besides.
In addition, wills can be utilised to outline how control of your business will be passed down in the event of your death. This ensures that everything runs as smoothly as possible and there are suitable people in place to carry on your hard work. Succession planning is incredibly important for a company, so it is essential to have the right steps in place to facilitate an orderly transition.
By writing a will, you can also seek to minimise your Inheritance Tax obligations, avoid the risk of family disputes, ensure your property is protected, and arrange for your pets to be taken care of. With so many important factors to take into account, it’s imperative that you ensure everything is set out exactly how you want. If this does not happen, somebody or something you love could end up missing out.
It is also possible to utilise a will while you are still alive, via a document known as a Living Will. This sets out your final wish regarding medical treatment if you become too ill to communicate. Also known as an Advanced Decision, a Living Will enables you to outline what treatments you will accept or refuse, and other things such as your religious beliefs, dietary requirements, and where you ideally would like to be cared for. It is a legally binding document that ensures your wishes are taken into account.
When Should You Write a Will?
Throughout your life, there will be many trigger points that should prompt you to make a will. These include buying your first home, having children or grandchildren, getting married or divorced, and starting a business. As each of these events occur, it’s important to ensure your will is updated to ensure everything is taken care of exactly how you wish.
Although many people in the UK consider writing a will when they are over 50, it is possible for you to create this document from the age of 18. Although this is not maybe something younger people want to think about too much, having a will in place can provide peace of mind that their families, children and property will be taken care of in the event of their untimely death. Why leave anything to chance?
It’s recommended that a will is reviewed every five years at most. A lot of things may change during this timeframe, so it is important to ensure that your document is as up-to-date as possible and reflects your current wishes. Wills can be updated as many times as necessary, so you always have the opportunity to ensure the right people will be taken care of — while also removing people you may not want to benefit from your Estate any longer.
How to Make a Will
From ensuring you understand the basics of a will and valuing your Estate, to deciding exactly how you want your assets to be distributed and ensuring your documents are kept safe, there are many important steps when it comes to writing a will. If you are ever unsure, it’s important to speak to a specialist. Here is the process of writing a will in more detail:
Get to Grips with the Basics
The first step is to understand exactly what a will does, its purposes and limitations. If you have a basic estate, writing a will is the ideal way to ensure your Estate is divided exactly how you wish. For more complex financial arrangements and to be more specific about how your assets should be utilised after you’ve gone, you may want to look into setting up a Trust or think about estate planning.
Deciding what will happen to your Estate after death may also prompt you to think about what you wish to happen should you become unable to communicate your final wishes, or if you ever lose the capacity to make your own decisions. Living Wills and Powers of Attorney can give you the peace of mind you need should these events come to pass.
Knowing exactly what goes into writing a will and the processes involved gives you the best possible chance of ensuring absolutely everything is taken care of.
Understand the Rules
Given that a will is a legally-binding document, there are several rules you need to follow to ensure everything is valid. The last thing you want is for your family to have to go through the struggle of dealing with an invalid will, so it’s essential to make sure that every step is carried out to the letter. Working with a specialist will writing service means nothing is left to chance.
Points to consider to ensure your will is valid include when it was made, who witnesses it and making sure it is signed – all of which we will cover in more detail later. There are many reasons why a will may be challenged after your death, such as a belief you were under undue influence, had been misled, or were not in sound mind. Following the rules exactly can minimise the risk of any challenges taking place.
Value Your Estate
Before you can decide how you wish to divide your Estate, it’s important to understand exactly what’s included and how much everything is worth. You should also take into account what debts you have, as these will be settled from your Estate as well — thereby reducing the amount of money you will be able to distribute. You should get your assets valued regularly, as their value can fluctuate due to market conditions.
The types of assets you may have include your home and any other property you may have acquired, money held in current and savings accounts, insurance policies, premium bonds, pension funds, vehicles, investments, jewellery and antiques, and furniture. Meanwhile, your debts could be in the form of mortgages, credit cards, overdrafts, loans, and equity release.
Decide How to Divide Your Estate
Once you have a clear idea about how much everything is worth, the next step in the process of writing a will is to choose how you want your assets to be distributed. You must set out exactly what you want to happen to your entire Estate. Points to think about include who you wish to benefit from your will, if you would like to give specific items to certain people, where the residue of your Estate should go, and what you want to happen if any of your beneficiaries die before you do.
You may also decide to donate a portion of your Estate to charity. In this situation, you would need to make sure to include their full name, address and charity number. Should any of this information be incorrect, the organisation may not be able to receive the funds.
Choose Your Executors
An executor is the person (or people) who will sort out everything to do with your Estate after you’ve died. Taking on this position carries with it a lot of responsibility, so it’s important to think carefully about who you want to choose. You should also check with them beforehand that they are willing to take up the position when the time comes.
Write Your Will
The next step is to set out clearly what you wish to happen to your Estate in writing. It is essential that you are as specific as possible so there can be no confusion afterwards. For example, you should take care to include a beneficiary’s full name and relationship to you and specify exactly which asset you want them to have. This is especially important if you have more than one vehicle or property.
Given that a will is such an important document, seeking the assistance of a specialist will writing service can give you the peace of mind you need that everything is taken care of.
Date and Sign Your Will
For your will to be valid, it must be signed in the presence of two independent witnesses. These people must also sign it in your presence. If you’re not physically able to sign your will, it can be done on your behalf at your direction. Should this happen, you must include a clause in your document to state you understood its contents before it was signed. Beneficiaries of your will should not act as witnesses, while it is also a good idea to exclude your executors as well.
A will is designed to set out your final wishes regarding what should happen to your Estate when you die. Given that your circumstances will likely change several times during the course of your lifetime, it is important to update your will regularly to ensure things are as up-to-date as possible. This is why dating your will is essential, as only your most recent document will be taken into account. If you do not clearly date your will, then any previous versions you may have will be used instead, or none at all if that was the only one you made.
Store Your Will
Finally, you should ensure that your will is stored safely. This can either be done at home, with a solicitor, or with a specialist service. Keeping your will secure is paramount to make sure it remains valid. Never try to attach anything to your document, as doing so could raise questions further down the line. It is also important to make your executors aware of exactly where your will is being kept.
Why Wills and Deeds Storage is Important
It’s imperative to ensure that your will and associated documentation is securely stored. If it becomes lost or damaged, then it will be declared invalid and your Estate will be distributed according to the laws of intestacy. You should also inform your executors where your will is being kept so they can easily access it upon your death.
Should your executors not be aware of the location of your will, your Estate could be divided against your wishes and according to the laws of intestacy. This is something that’s extremely costly and time-consuming to rectify once the will is finally discovered. Executors could also find themselves embroiled in litigation from intended beneficiaries who ended up missing out on their inheritance.
While there are no set rules in place about where your will should be stored, you should make sure it is somewhere that is convenient to access, and that it is well looked-after. Storing it at home is the most convenient, however it will be much more likely to be lost or accidentally damaged. One place you should never store your will is in a bank safety deposit box. This is because your bank will not be able to open this box until probate has been granted — which cannot take place without the will.
What Happens if You Don’t Have a Will?
Dying without a will means you have died “intestate” and your assets will automatically be divided according to the laws of intestacy. These are a series of rules that govern how an Estate is handled according to the deceased’s circumstances. This includes whether they were married or in a civil partnership, and if they had children.
If you are married or in a civil partnership, your spouse or partner will inherit everything if your Estate is valued up to £250,000 — even if you are separated. The same is true if your Estate is worth more than £250,000 and you don’t have children. If you do have a child, your spouse or partner will be entitled to £250,000 of your Estate plus half of the remaining amount, with the rest being equally divided amongst your children.
In the case of an unmarried person, the law does not recognise so-called “common law” relationships, meaning your partner will not inherit anything if you are unmarried and do not have a will. If you have children, your Estate will be divided equally amongst them. Should you not have children, your assets will be distributed according to a specific hierarchy that includes parents, full siblings (or their children), half-siblings (or their children), grandparents and so on.
It is important to note that if you die without making a will, and none of the above criteria applies to you (for example, you are unmarried, have no children or remaining family), you will be classified as dying “Bona Vacantia”. This means that your entire Estate will pass to the Government. This is another reason why writing a will is essential.
Our Will Writing Services
With so many important areas to think about when it comes to writing a will, you need to be confident that absolutely everything has been taken care of. That’s why we’ve devised a range of will writing services to offer you complete peace of mind.
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