Writing a Will

Why You Need a Will

A will is a legal document that sets out what should happen to your money, property, and possessions after you die. It is the only way to make sure your wishes are followed. Without a will, the law decides who inherits from you, and this can lead to outcomes that nobody would have wanted.

If you have children under 18, a will is essential because it allows you to appoint guardians who will look after them if something happens to you. Without a will, the court decides who looks after your children, and they may choose someone you would not have chosen. Even if it seems obvious who would take care of your children, making it legal removes any uncertainty and potential family disputes.

A will is also important for reducing inheritance tax. Through careful estate planning, a solicitor can help you make the most of available tax reliefs and exemptions. You can also use your will to leave gifts to charity, which can reduce the inheritance tax rate on the rest of your estate from 40 percent to 36 percent. For most people, the peace of mind alone is worth the relatively small cost of making a will.

What Happens Without a Will (Intestacy)

If you die without a will, your estate is distributed according to the rules of intestacy. These are rigid rules that do not take your personal relationships or wishes into account. Your married spouse or civil partner receives the first £322,000 of the estate plus half of anything above that amount. Your children share the other half equally.

The most significant problem with intestacy is that unmarried partners get nothing, regardless of how long you have been together or whether you have children together. If you own a house jointly as tenants in common, your share does not automatically pass to your partner. They may have to sell the family home to pay the other beneficiaries.

Stepchildren also have no right to inherit under intestacy rules unless they have been legally adopted. Close friends, carers, and charities receive nothing. The rules are applied strictly by the court, and the family cannot change them after your death.

If you have no close relatives at all, your entire estate goes to the Crown. This is known as bona vacantia. Every year, the government inherits millions of pounds from people who died without a will and without known relatives. Writing a will ensures that your money goes where you want it to go.

DIY Will vs Using a Solicitor

You can write a will yourself using a template or will-writing kit, and if done correctly, a DIY will is just as legally valid as one prepared by a solicitor. However, the risks of getting it wrong are significant. Common mistakes include failing to sign the will correctly, not having it witnessed properly, using ambiguous language, or failing to account for all your assets.

If a DIY will contains errors, it can be challenged in court after your death. Court disputes about wills are expensive and can tear families apart. The cost of fixing a badly drafted will after your death far exceeds the cost of having it done properly in the first place.

A solicitor will ensure your will is legally valid, clearly worded, and covers all your assets and circumstances. They will also advise on tax planning, setting up trusts for children or vulnerable adults, and what happens if a beneficiary dies before you. They will store the original will safely and register it with the National Will Register.

Online will-writing services offer a middle ground. They are cheaper than a solicitor (typically £50 to £150) and guide you through the process with questionnaires and templates. They are suitable for simple estates, but they cannot provide the personalised advice that a solicitor can for complex situations like business ownership, overseas assets, or blended families.

How Much Does a Will Cost?

A simple will through a solicitor typically costs £150 to £300 for a single will, or £200 to £500 for mirror wills (matching wills for couples). This covers a straightforward will that appoints executors, leaves your estate to named beneficiaries, and appoints guardians for children.

More complex wills cost more. If you need to set up trusts (for example, for children from a previous relationship or for a disabled beneficiary), the cost can rise to £500 to £1,000 or more. Wills involving overseas assets, business interests, or complicated family structures also cost more because they require more expertise and time.

Some solicitors participate in Will Aid or Free Wills Month, where they write basic wills for free or in exchange for a donation to charity. These events typically take place in March, October, and November. They are a good option for simple wills, but you should check that the solicitor is experienced in will writing and that the will covers everything you need.

Remember that the cost of a will is tiny compared to the potential cost of not having one. If your estate is distributed under intestacy rules, it could cost your loved ones thousands of pounds in legal fees to sort out. If there are disputes, the legal costs can run into tens of thousands.

What to Include in Your Will

Your will should name one or more executors, the people who will carry out your wishes and manage your estate after you die. Choose someone you trust, who is organised and capable. You can appoint a solicitor as executor, a family member, or a combination. Consider appointing at least two executors in case one is unable or unwilling to act when the time comes.

You should clearly state who should receive your assets and in what proportions. You can leave specific items to specific people (known as specific legacies), such as jewellery, artwork, or a particular sum of money. You can also leave the remainder of your estate to one or more people in specified shares. Think carefully about what happens if a beneficiary dies before you. Your will should include substitute beneficiaries.

If you have children under 18, name the guardians you want to look after them. Discuss this with the proposed guardians first to make sure they are willing. You may also want to set up a trust for your children's inheritance, to be managed by trustees until they reach a specified age. This prevents them from inheriting a large sum at 18, which many parents prefer.

Include any funeral wishes you have, though these are not legally binding. Exclude assets that pass outside your will, such as life insurance policies written in trust, pension death benefits, and jointly owned property held as joint tenants.

When to Update Your Will

You should review your will every 3 to 5 years, or whenever there is a significant change in your circumstances. Marriage automatically revokes your will in England and Wales (unless the will was made in contemplation of that specific marriage), so you need a new will when you get married. Divorce does not revoke your will, but it removes your ex-spouse as a beneficiary and executor.

Other life events that should prompt a review include the birth or adoption of a child, a significant change in your financial circumstances (such as buying property or inheriting money), the death of a beneficiary or executor named in your will, a change in your relationship status, or a change in the law that affects your estate planning.

You should not make changes to your will by crossing things out or writing on it. Amendments must be made either by adding a codicil (a supplementary document) or by making a new will altogether. For significant changes, a new will is usually better because it is clearer and less likely to cause confusion.

Keep your will in a safe place and make sure your executors know where to find it. Many solicitors will store your will for free. You can also deposit it at the Probate Registry for a fee of £11. Do not keep your will in a bank safe deposit box, as it can be difficult for your executors to access after your death.