Few of us like to consider our mortality. Even fewer would be happy knowing that should we fail to make a will, when we die those we love won't automatically get what we might wish them to.

By making a will you are making provision for your affairs to be looked after and managed in the way that you choose – effectively giving you a voice after your death. In the past many people would not have bothered to contest a will, but in the current financial climate it is happening much more frequently. It is essential you do everything you can to ensure your will is legally watertight.

When to make a will

While anyone over the age of 18 can make a will, it becomes increasingly important as you reach and pass major milestones in your life or you have a major change in circumstance. This could be when you buy your first home, when you enter a relationship, when you come into a sum of money, when you divorce, when you remarry, and, probably most importantly, when you have children.

By law, children can inherit at the age of 18, yet many parents choose to delay this until their children are older to provide a greater chance of them handling their inheritance responsibly.

Should you have infant children, your will allows you to appoint a guardian who will bring up your children. If there is no will, however, social services and the courts decide who the child will live with and any money from your estate remains in Trustfor the child. Only a small amount of your estate is then used for their upbringing and this could mean your child is faced with much reduced circumstances, despite your possible wealth.

Know your legal position

If you don't make a will, the order of priority of people who can inherit, and how much, is decided by the law. To give you some idea of how the law works:

If you are married or in a civil partnership with children, £250,000 would go immediately to your surviving spouse or civil partner. The balance of the estate is then divided equally, with 50% going to provide an income for life for your surviving spouse or civil partner and the other 50% split equally between any children once they reach 18.

If you are married or have a civil partner and have no children, up to £450,000 of the estate goes to the surviving spouse or civil partner. The remaining balance is divided in two, with 50% going to the surviving spouse or civil partner and the other 50% going to the deceased's parents or brothers and sisters.

For those living as common law husband and wife or same sex couples living together outside of a civil partnership, the law makes no provision. You are not entitled to a share of your partner's estate – although you can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you have been together more than two years.

Simply making a will isn't, of course, the end of the matter. Once every five years, or ideally any time you have a major life change, it should be reviewed. For instance, if you divorce your will does not become immediately invalid, however if you get married it does. So, making a new will following a second marriage is very important, particularly if children are involved.

Why wills fail

There are a number of ways that a will can be invalidated. It might not be signed; it may not have been witnessed properly; it may be judged that the will was made under duress or as a result of coercion; the person making the will may be considered to have had reduced mental capacity at the time; or they might have left something in their will that they no longer own, such as a house they sold years ago.

By far, the majority of wills that fail are those that have not been witnessed properly or do not express your wishes clearly. By using a specialist solicitor, experienced in both will writing and probate administration, this can be avoided. Not only will you benefit from our many years' will writing expertise in creating a will that works effectively for you and your family, but our regulation by the Solicitors Regulation Authority and the Legal Ombudsman as well as coverage by our indemnity insurance ensures your protection.

For advice on making a will, call our legal helpline on 03700 868686.

Top tips

• pick people to administer your will who you trust and have confidence will carry out your wishes
• make appropriate provision for those who are financially dependant on you: eg children from your first marriage for whom you are still paying maintenance
• if you have minor children, appoint a guardian to care for them
• be specific about the items you are leaving. For instance if you have more than one diamond ring, be sure to describe carefully the one you mean
• be clear about the age children are to inherit

Tell us what you think

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.