Introduction
Writing a will is really important and it’s easier than you might think to get it done. Our step-by-step guide shows you how to get started and make sure your wishes will be followed after you die.
Making or updating your will can be easy to put off or forget. But it is one of the most important things to put in place to ensure your wishes are carried out when you are gone.
A will lays out exactly how you want your money, property, and other belongings (your assets) to be shared out after you die. It’s also somewhere where you can record important decisions. These could be about provisions for care of your children, what you want to happen to your pets or about your funeral wishes.
Read on to go through the steps needed to make your will. It might look like there is a lot to do, but many people find that it is a lot quicker and easier than they were expecting. If you use a solicitor or other will-writing service they will normally guide you through the process.
Step 1: Decide who is going to help
There are several ways of getting a will made. Your choice will depend on your needs and your budget.
You could decide to write the will yourself, or use a template. This might be possible if your affairs are straightforward. However, it’s easy to make a mistake using a DIY will. This could lead to disagreements and arguments after you die, or could even mean the will is invalid.
For more peace of mind, you might want to consider using a legal professional such as a solicitor or a will-writing service. This is a good option if your family or financial situation is more complex or you have many assets (money, investments and property). Using a solicitor or other professional service can help make sure that your will is legally sound. They will help you consider everything that affects your own particular circumstances, including advising on tax issues. They will also guide you through the process, saving time and effort.
These days many larger charities have partnerships with will-writing services. If you support a particular charity you could take a look at what they offer. For example free wills month [freewillsmonth.org.uk] takes place twice a year in March and October. Selected charities offer members of the public aged 55 and over the opportunity to have a simple will written or updated free of charge. Those who take part are given the chance to leave a gift to the charity in their will, but this is not obligatory.
Step 2: Decide if you need single or ‘mirror’ wills
If you have a partner you may want to create mirror wills. These are wills which basically mirror each other. For example you might both specify that should one of you die, everything goes to the other partner, or if both of you die at the same time, the money and property is shared between your children, if you have them.
Writing mirror wills can often be done more cheaply than writing two separate wills. However they might not be suitable in some circumstances. For example one or both of you might have children from a previous relationship, or different ideas about where your individual money and property should go after you die.
Step 3: Decide what you want to happen to your money and property
This step requires you to think carefully about how you want to divide your assets. The people (family, friends and individuals) you leave things to are called your beneficiaries.
In the simplest case you can leave everything to one beneficiary, although you should also say what you want to happen if they die before you do.
It’s up to you if you want to break things down further, and between who. You could start by listing your assets, including things like your home, savings, valuable possessions, and investments. Then decide who you would like to inherit these and what their share should be.
Many people also leave something to charity or to other organisations. Gifts to charity can be a way of thanking the charity for support received or of leaving a lasting legacy to help others. In the UK, charitable gifts are usually exempt from inheritance tax, which in some circumstances could mean that more of the estate goes to your beneficiaries, at the same time as benefitting a good cause.
Step 4: Decide on what could happen to your children
If you have children under 18, one of the most important things you can do in your will is appoint a guardian to care for them if something happens to you. This will be a very personal decision based on your own circumstances and the situation of any potential guardians.
You should talk about your plans with the person or people you’d like to name, so they understand your wishes and are prepared to take on the responsibility.
Step 5: Decide on any other special considerations and requests
Your will is also an opportunity to specify any other personal or special requests you may have. This could include:
arrangements for your pets
your funeral preferences, including music and readings
whether you would like to be buried or cremated, and where.
Step 6: Choose your executors
An executor is the person or people responsible for making sure your wishes are carried out after you die. They’ll be given the task of sorting out the admin which happens after someone dies, including gathering your assets, paying off any debts, and distributing what’s left according to your will.
Executors can be family members, close friends, or professionals like a solicitor. You can have more than one. Whoever you choose, it’s important that they’re trustworthy and able to handle this responsibility.
Step 7: Draft the will or give instructions
If you’re working with a solicitor or will-writing service, you’ll give them your instructions and they’ll handle the formal drafting.
If you’re doing it yourself, be sure to use a template or guide to ensure you include all the necessary legal elements. Keep the wording clear and straightforward, so there’s no room for misunderstandings later on. This is where any legal or professional advice can be particularly helpful to avoid mistakes.
Step 8: Get the will signed and witnessed
A will only becomes legally binding once it’s been signed and witnessed. The law requires that you sign your will in front of two independent witnesses, who must also sign the will themselves. These witnesses cannot be people who stand to inherit anything from your will. If a will is not properly signed and witnessed, it could be declared invalid.
Step 9: Decide on where to keep your will and inform others
After your will is signed and witnessed, you’ll need to decide where to store it. It’s important to keep it somewhere safe, but also somewhere where it can be easily found after your death. You might keep it at home in a secure place, store it with your solicitor, or use a professional will storage service. Make sure that at least one person you trust knows where the will is kept and how to access it.
Step 10: Set a reminder to review your will
It’s important to review and update your will when things change in your life. Big life events such as marriage, divorce, the birth of children, or an inheritance, can all affect what you would like to happen to your estate. Sometimes, for example if you get married, an existing will is no longer valid. It might be a good idea to set a reminder in your diary or calendar for a few years’ time, to check if anything has changed.
How Trustestate can help
You may need a professional to help you draft your will, especially if your situation is at all complicated. Trustestate can help you get in touch with a trusted adviser and schedule a free initial consultation.
What we offer
Dealing with inheritance and probate can be a challenging and overwhelming process. Let Trustestate take out the hassle for a fixed transparent fee. We offer a simple, streamlined service with expert support at every stage, and can signpost to partner services such as will writers.
Use our Complete Probate service and we’ll manage every stage of the process – we’ll take over all the admin, apply to the court for probate, and share out the estate. Or if the estate is simple and you have time, you can use our Grant of Probate service, and manage everything with our easy-to-use online platform. Whichever service you choose, you’ll get dedicated advice every step of the way, and a dashboard to check progress at any time. Book a free call with one of our experts to find out more.
