Guide to: making a Will
Download a copy of this Making a Will guide for yourself
What you put in your Will is up to you. After all it's your money and belongings that are being distributed. You can even write your Will in your own words if you wish, although most people decide to use formal 'legal speak' for most or all of the document so there can be no misunderstanding about what they mean.
What to include?
Here is a list of the topics you should think about:
- Who to ask to carry out the wishes in your Will
You need one or more people to actually carry out the actions in your Will. It is sensible to choose people who are reliable, organised and likely to live longer than yourself. Some professionals like solicitors will take on this role for you if you prefer not to ask family or friends. The people you choose are usually called executors. - What you will have at the time of your death and how you would like this to be distributed
Start by making a list of everything you expect to have and the people you would like to benefit. - Who will need caring for
If you have young children you can write into your Will whom you would like to care for them. These people are sometimes called guardians. - Whether you want to leave anything, large or small, to a charity or maybe to a museum
- Whether inheritance tax will have to be paid from your estate
If you leave something to your husband or wife there is no tax to pay upon what you give them but if you leave things to other people there could be inheritance tax to pay and you ought to get advice about how this tax can be minimised and paid. A solicitor or financial advisor can often provide you with this advice.
How to make your Will legally valid?
- you must be over 18 years of age to make a Will
- you must be making a Will freely, without pressure from anyone else, and be fully aware of what you are doing
- your Will must be in writing (handwritten or typed) and signed by you in the presence of two witnesses who then sign themselves
- your witnesses should not be people who benefit under the Will (or married to people who benefit) because that will cancel your gift to them
- although not essential, it is advisable to put a date on your Will
How to change your Will?
Once you have taken the time to make a Will don't forget to keep it up to date.
If a change is needed, DO NOT WRITE ON OR ALTER YOUR ORIGINAL WILL.
Small changes can be made by adding an additional document to the Will sometimes called a codicil, or if the Will was typed on a computer by making the change on the electronic document, printing the new version off and signing a revised Will in the same way that the first one was done.
Simple changes should be relatively inexpensive to make.
You ought to check regularly that you are still happy with the contents of your Will. There are some key times in life when it is really advisable to review your Will, as they can trigger a need for change and these key times are after:
- divorce or remarriage
- forming or ending a civil partnership
- moving home
- a significant change in the value of your assets and belongings
- the death of someone you named in your Will
- the death of someone in your family
- the birth of children or grandchildren
Where to get advice from?
The Citizens Advice Bureau service is a charity that provides free information and advice, including online at www.adviceguide.org.uk. It will not draw up a Will for you, but can give you information about how to go about it.
If you are a member of a trade union you may find they offer a Will making service.
Access Legal from Shoosmiths can draw up a Will for you. All solicitors are regulated by the Solicitors Regulation Authority and should give you a free quote or estimate of the cost if you ask.
It is worth telephoning a few firms of solicitors to ask for a free quote and discussing with them what their service will include as not all services are the same.
Other companies also exist just to write Wills. These are sometimes called Will writers. You can also buy books giving guidance on how to draw up a Will.
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All documents should be read and used in accordance with the terms and conditions. This document is for your general information only and is not a detailed statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86.
