What is a Will?
A will is a legal document setting out what happens to your money, property, and possessions after you die.
For a will to be valid, it must be made in writing, clearly marked as a will, and signed by you and two witnesses.
Who can make a will?
Anyone over the age of 18 can make a will, as long as they have the mental capacity to understand what they’re doing.
You’ve probably heard the phrase “of sound mind and body”, and that’s what this means. It helps prevent people from taking advantage of others. You can make a will for someone who lacks mental capacity if you’ve been appointed as a deputy by the Court of Protection.
Why do I need a will?
Your will puts you in control and gives you peace of mind.
Your final wishes can provide security for your family, making sure your partner has a home or that your children are properly looked after if the worst happens. It also means you could disinherit someone who would usually benefit from your estate if you did not have a will. If you own your own home, writing a will can also help reduce any inheritance tax your family may have to pay.
By writing a will, you may also help make the probate process less stressful and easier to manage.
I don’t have anything of value, do I really need a will?
It’s easy to believe there’s no need for a will if you do not own your home or have a lot of savings. But what about the items that matter to you or the things you’d like to leave to family members and loved ones? And what about anything you may acquire in the future?
A will is a plan for the future. It sets out your final wishes and should cover everything of both financial and sentimental value.
Are there different types of wills?
There are two main types: an individual will and joint wills.
In most cases, you’ll choose an individual will, which clearly and legally sets out how your estate should be administered after you pass away.
There are two types of joint wills: mutual wills and mirror wills. Mutual wills are much rarer because they cannot be changed after one partner dies. A solicitor or will writer can advise you on the best option for your circumstances.
Joint wills are usually written by couples with similar wishes. They often state that when one partner dies, everything passes to the surviving partner, and after the surviving partner dies, everything goes to the children.
You do not need to be in a relationship to write a joint will. Your beneficiary could be a trusted relative or friend.
How much does a will cost?
A will can cost anywhere between £100 and £600.
However, prices for wills vary. It all depends on who is writing it and how complex your estate is. If you own property abroad, have significant assets, or many intended beneficiaries, the cost could be higher.
When should I write or change my will?
If you do not already have a will, the sooner you make one, the better.
You should make a new will whenever your circumstances change. For example, when you move to a new house, get married, divorced, or have children. You can change or update the document at any time, either by writing a new will or adding a codicil.
A codicil is an attachment that sets out new wishes or amends existing details. It is the legal equivalent of adding a note in the margins. This could be used to update your home address or add a new beneficiary.
However, if you add too many codicils, it may be better to write a new will. The more attachments you add, the greater the risk that they may be lost or misunderstood.
Can I write my own will?
You can make a will on your own, which is known as a DIY will.
These can be bought on the high street or written from scratch, but they are not usually recommended. As a legal document, one wrong word or a missing detail could throw the entire will into dispute.
It is especially unwise to write your own will if your estate is large or complex.
Should I use a solicitor or will-writer?
Solicitors and will writers both offer will-writing services.
Cost and the range of services are the main differences.
Will writers tend to be cheaper, but they are limited in what they can legally provide. Unlike a solicitor, for example, they cannot help you put Power of Attorney in place and are usually better suited to simple estates rather than large or complex ones.
All will writers on The Law Superstore are members of the regulatory Institute of Professional Will-Writers.
Do wills include Power of Attorney?
Granting Power of Attorney lets you choose someone to manage your finances and make decisions about your medical care if you become incapacitated and unable to care for yourself. This document needs to be written before you become incapacitated.
Many people believe that writing a will automatically grants Power of Attorney to their partner or another beneficiary. This is not the case.
A Power of Attorney document is separate from a will, so if you are writing or updating your will with a solicitor, it is often sensible to deal with this document at the same time.
Find out more about the different types of Power of Attorney in our guide.
What should be included in a will?
Everything you own should be included in your will, from your home and savings to personal items with sentimental value. Before starting your will, it helps to create a list of everything you want to pass on.
If you have children under the age of 18, you should also use your will to state who should look after them if both parents die.
Your will should also include the names of two to four executors, who will carry out your final wishes. The document must be signed, dated, and include the addresses of two witnesses.
Who can benefit from my will?
You can choose almost anyone to inherit under your will. These people are known as beneficiaries.
This will often include your partner, children, other relatives, and friends. You can also leave money or assets to charities and organisations. Doing so may help reduce any tax due on your estate, and a solicitor can advise you on this.
What happens if one of my beneficiaries dies before me?
If a beneficiary named in your will dies before you, whatever was intended for them usually returns to your estate to be divided among the other beneficiaries.
What is an executor of a will and what do they do?
The executors are the people who carry out your final wishes in line with your will. Think of them as the people responsible for managing your estate.
Name at least two executors, with a maximum of four. That way, if one of them dies, your estate can still be administered. Choose your executors carefully. They should be over 18, trustworthy, and of sound mind. It is also important to ask them whether they are willing to take on the role before naming them in your will.
Despite common misconceptions, an executor can also be named as a beneficiary in your will.
Why do I need two witnesses to sign my will?
Witnesses act as a basic safeguard against fraud. If a will is not properly witnessed, it is not valid, and that is as good as having no will at all.
A witness is there to confirm that the will is really yours and that you understood what you were doing when you made it. Witnesses do not need to read the will. They simply need to know that you made and signed it independently and with a clear mind. They must be present when you sign the will, either in the same room or, in some circumstances, by video link.
If the will is later challenged, your witnesses may be asked to give evidence confirming that the will is genuine, properly executed, and not made under pressure.
No witness or their partner can benefit from your will. If a witness is named as a beneficiary, that gift will fail and the inheritance will usually fall back into your estate.
Explore how to choose your witnesses in our guide Who can witness a will in the UK?.
What happens if I don’t have a will?
When you die without a will, this is known as dying intestate. When this happens, the rules of intestacy decide how your estate is divided.
- If you are married or in a civil partnership, your partner receives all your property and possessions, the first £270,000 of your estate, and half of the remaining estate.
- If you have children and your partner is alive, your partner gets the first £270,000 of your estate, and your children inherit if your estate is worth £270,000 or more. In that case, they receive half of the remaining estate divided equally between them.
- If you have children and no surviving partner, your whole estate is divided equally between your children.
- If you have no surviving relatives, your entire estate passes to the state, also known as the Crown.
Ultimately, dying without a will means you do not get to decide who receives what.
If I’m unmarried, will my partner benefit even if I don’t have a will?
Unmarried couples cannot automatically inherit from each other unless it is set out in a will.
There is no legal recognition of common-law marriage in this context, and the rules of intestacy do not make provision for couples who are not married or in a civil partnership.
Can my will be contested?
A will is contested when someone disputes its contents or validity.
They may believe they deserve more inheritance or suspect the will is invalid, made under duress, or not properly executed. If this happens, your witnesses may be asked to provide evidence.
To reduce the chance of a challenge, it is usually best to use a solicitor or will writer to prepare your will. They can help ensure the document is properly drafted, legal, and valid.
How much does it cost to contest a will?
Costs for contesting a will vary. It depends on the complexity of the case and how long it takes to resolve.
If you are looking to challenge the contents of someone’s will, speak to a solicitor as soon as possible, as these claims are usually subject to strict time limits depending on the type of case.
What is probate and what has it got to do with writing a will?
Probate is the legal process that follows the death of someone who has made a will. In Scotland, probate is known as confirmation and the process is slightly different.
The executor of the will must apply to the court for a grant of probate, which gives them the legal authority to carry out your wishes. This is why it is so important to choose an executor you trust.
In many cases, getting a grant of probate takes around four to six weeks. You should then expect the full probate process to last around a year, although more complex estates or disputed cases can take longer.
Find out what you need if you are applying for probate in our guide What is a grant of probate and how do you obtain one?.
What’s the difference between a will and a trust?
A will lets you decide who receives your assets after you die.
A trust is a legal arrangement that gives someone the right to look after your assets on behalf of another person, usually someone under the age of 18 or someone who lacks mental capacity.
There are two main types of trust. A living trust can take effect while you are still alive, while a testamentary trust only comes into force when you die.
See the different options in our article What is better, a will or a trust?.
What happens to my will after I’ve made it?
Once your will has been written, it is important to keep the original signed document somewhere safe.
There is nothing to stop you from keeping your will at home, but it is not always the most secure option because it could be misplaced or damaged by fire or flood.
If you use a solicitor or will writer, they will usually ask whether you want to store the will with them. This is often a safer choice, but some firms may charge an additional fee. Make sure you ask about the cost and whether it is a one-off or annual charge.
You can also store your will with the Probate Registry for a small fee.