The reality is that you can put off making a Will until it is too late, and this poses all sorts of problems for the people left behind. It could mean that some, or all of your inheritance, either goes to the wrong person or to the state.
Everyone needs to make a Will. In particular, anyone with dependent relatives must do so. Anyone who owns a property or has any type of asset which you would wish relatives, friends or charities to benefit from should also make a Will.
Making a Will enables you to plan exactly what will happen to your property (estate) following your passing. This ensures that those you would like to benefit actually do so, in accordance with your wishes, and at the same time avoids disputes between beneficiaries.
If you die without a valid will (known as being intestate), your estate is distributed according to strict government rules of intestacy, which may not be in accordance with your wishes.
Yes. Wills are not just for the wealthy. Having a Will means you can ensure that the people you wish to leave anything to, actually receives their intended inheritance
In many jurisdictions (like England and Wales), cohabiting partners do not automatically inherit under intestacy rules, making a will crucial for their protection.
Although you can use “DIY” kits or online services, these are high-risk because they often fail to meet legal requirements, leading to invalid documents, unintended beneficiaries, or expensive, time-consuming legal battles for loved ones. It’s really not worth the risk.
In England a will must be signed in the physical presence of two independent witnesses (aged 18+) who are not beneficiaries, or married to beneficiaries; if they are then any gift to the beneficiary could become invalid.
You must be 18 or over, make your Will voluntarily, be of sound mind, make it in writing, sign it in the presence of 2 witnesses who are both over 18, and have your Will signed by your 2 witnesses.
Executors are the people you nominate, who are legally responsible for carrying out the instructions in your Will. They will manage your estate, pay debts, and distribute assets according to your wishes. Often spouses, children or other family members are appointed, but make sure they are the right people for the job.
Yes, beneficiaries can be Executors.
You can exclude someone from your Will in England and Wales due to testamentary freedom. However, spouses, civil partners, children, and dependents can challenge the will under the Inheritance Act 1975 if they believe reasonable provision was not made. It’s important to create a separate document explaining why you excluded the person. This document helps courts understand your decision if the Will is contested.
You should pick trusted friends or family members to take parental responsibility for children under 18. It’s really important to also have reserve guardians, especially if you choose people older than yourselves (i.e. your children’s grandparents) & you should discuss the role with people you intent to appoint to make sure they’re happy being potential guardians
Yes, in many jurisdictions (like England and Wales), marriage or entering a civil partnership revokes a previous will & a new one is needed.
You should review your will every 5 years or after major life events such as buying a home, having children, marriage, or divorce.
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