Deciding how much to leave to those you care about once you're gone is a big worry for many of us. Our first recommendation is not to let these worries get the better of you; there's often a solution, but you need to get the right advice

By not making a will, your family could be faced with further problems at what is already a very unsettling time. When you choose to make your will, it's important to know that inheritance law in England and Wales gives you total freedom to choose where your assets go and to whom they should go to.

Many of our clients have been pleased to learn there are lots of ways to provide for all those they care about. Sometimes, however, there can be cultural or religious reasons why you might decide, for example, to favour a son over a daughter, and these reasons were explored in the BBC2 programme Can't Take It With You: Sons and Daughters, broadcast at 9pm on Friday 28 January 2011.

Sir Gerry Robinson talks to families faced with the dilemma of competing religious views and the desire for overall 'fairness' and equality amongst children. He also talks to a family trying to decide how best to achieve fairness when some children have been more involved in the family business than others. 

The law gives certain relatives and dependants the chance to contest your will if they feel unfairly left out. If, for example, a daughter who was left out of your will was successful in making a challenge, the courts can change the distribution of your estate to include her.

You may, therefore, wish to consider incorporating a trust fund in your will, which can benefit your whole family. This way you have the flexibility of leaving assets for someone to use for a set period of time - for example their lifetime - but the asset later passes to someone else. Often, the family home is protected in trust for a partner until they pass away, at which point it's given to the children. If drawn up correctly, wills with trusts in them can be an ideal way to provide precisely what we want to exactly who we want.

It's often advisable to also leave a private note about why you've drafted the will in such a way. While such a note may not prevent a disgruntled child making a challenge to your will, it can at least provide evidence of your reasoning behind your decision.

At Access Legal, we can guide you through your options and provide solid practical advice about how to address any potential issues. For instance, you may find it advisable to try to have a positive and constructive discussion with your family, rather than risk potential arguments and issues after the event. Our clients are reassured to know that by making proper plans, they can leave their loved ones well provided and with happy memories, not bitter feuds.

We always recommend that you seek independent advice from qualified professional legal advisors to help make you aware of all the options available to you and of their implications. 

We've been advising clients and drafting their wills since 1845. Please get in touch with us seven- days-a-week on 03700 86 86 86, and for further details on the will making process, please look at our free factsheet on making 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.