What is a will?

A will determines how your assets are to be divided in the event of your death. It's a formal document that must comply with strict legal requirements concerning both the document and the way it's executed.

As every estate is different, so is every will, though as a basic template, you should set out:

• A list of beneficiaries – these are the people you will be leaving your assets to
• How you want your assets to be divided among beneficiaries
• The names of the executors – these are the people responsible for administering your estate according to the terms of your will

Why do you need a will?

There are many good reasons for writing a will, though the core of the matter is simple; without a will, you cannot ensure that your property, possessions and financial assets will be left to those you wish to inherit them. Without a legally valid document attesting to your wishes, your estate will be managed according to the rules of intestacy.

Under these rules, only married partners, civil partners, or certain close relatives may inherit your estate. This means that you need a will if:

• You wish to set out how you want your estate to be handled after your death
• You wish to leave money, property or other assets to an unmarried partner
• You want to leave money to an organisation or charity
• You want to provide support for your children
• You own a property or business and wish to set out how that should be managed
• You have savings, investments or other business interests

What type of will do I need?

There are four different types of wills you should consider. These are:

• Straightforward wills: If you're aged 18 or above, and you wish to leave your estate and/or gifts to your loved ones.
• Mirror wills: These are two almost identical will documents. If you're married, in a civil partnership, or an unmarried couple and have similar wishes about what should be included in your wills then mirror wills may be the answer. When one of the parties dies then everything commonly passes to the other person. Provisions are generally put in place about how the estate should be distributed after both parties have passed away.
• Will trust: Sometimes it may be beneficial to have a testamentary trust written into your will. With a will trust you can protect your property and other assets you wish to pass on to your loved ones. Will trusts are also a way to provide for children and ensure vulnerable loved ones are taken care of when you die. A trustee is nominated to manage the trust on behalf of the people who stand to benefit, known as the beneficiaries, for the lifetime of the trust. Setting up a trust will can be quite complex. We can help you keep it simple.
• Living wills: With a living will (also known as Advanced Decisions) provided you have mental capacity you can give directions about the medical treatment you wish to accept or refuse. For example, this may be influenced by religious or other values and beliefs, or you may want to determine how far treatment should go if your condition is declared 'terminal'.

How to write a will

Writing a will may be a simple process for some, while others may have very specific wishes or a complex estate to manage. In either case, it is vital that the will is prepared, witnessed and stored properly to ensure it remains valid after your death.

Before you begin to write your will, you should make a list of all the assets you own (including property, savings and debts, shares and investments, and high-value possessions). Make sure the list is as detailed as possible, as these assets will be the subject of much of your will.

Consider who you wish to name as beneficiaries (those you wish to leave assets to) and executors (the people responsible for administering your will correctly). You should think carefully about how you want your estate to be managed and ensure that your will is proofread and reviewed by a specialist wills solicitors to ensure it is legally valid. For more information about how to write a will, visit our will writing guide here.

What should be included in your will?

Your will can cover various topics, and it may be more or less complex depending on the assets in your estate and the beneficiaries you wish to include. Common questions you may want to answer when considering how you want your Will to be drafted are the following:

• Who do you want to benefit from your will (i.e. friends, families, and charities)?
• Are there assets, e.g. furniture, jewellery, family heirlooms, or collections that you want to give to a specific person?
• Who do you leave your property to? If it's a jointly owned property, it will automatically go to the other party. It is possible to 'sever' the joint ownership so you can leave your half of the property as you wish under your will. It is important to consider giving your property to a direct descendant or spouse as this may result in a lower inheritance tax bill.
• Do you want to give the right of residency to current tenants or occupiers of a property?
• Consider children, parents, and pets that you want to be taken care of.
• If you have digital assets, make sure you consider them in your will. Provide a list of passwords to the executor but don't put any sensitive information into the will itself.
• What do you want to happen if any of your beneficiaries die before you?
• Do you want to state any funeral wishes?
• Who do you want to appoint as your executor(s)? Someone to act on your behalf and fulfil the wishes in your will. For more information about executors, read Duties of an executor or administrator.

Writing a will can be complex. Contact us to speak to our specialist wills and probate solicitors who can guide you through the process.

Common mistakes to avoid when writing a will

While writing a will can sometimes seem a straightforward process, particularly if you already have a firm idea of what you want to include, there are several common pitfalls people make when making a will. Some of the common mistakes to avoid are:

• Forgetting to include assets
• Incorrectly witnessing the will – both witnesses should be UK citizens over the age of 18 and not named as, or married to, a beneficiary
• Not updating your will after a big life event, such as the birth of a child or grandchild, buying property, or getting married or divorced
• Incorrectly updating your will – you cannot simply amend a will after it has been signed; updates should be done via an official alteration
• Being overly specific, such as naming assets that may be sold or changed (i.e. a car)
• Failure to keep the original copy of the will (a photocopy is not legally valid)
• Failing to mention any debts

Leaving money to charity in your will

Many people like to leave a gift to charity in their will. Doing so works in exactly the same way as leaving an asset to any other person or organisation.

You should explicitly state which charity, or charities, you wish to leave a donation to, referencing their registered charity numbers where possible to eliminate any potential confusion. You should also state how much money, or which assets, you wish to leave to the charity.

If you have set up a wills trust, you can also leave it to the trustees to determine which charity will receive your donation.

Do you need a solicitor to write your will?

Yes, it is possible to write your will without the support of a will solicitor. However, it is important to understand that for your will to be upheld, it has to be legally valid. For this reason, it is often very helpful to speak to a solicitor when drafting, signing and even storing your will.

If there is reason to doubt that your will is legally valid, it can make your wishes more open to contest, which could mean that your will is overturned by a court and the rules of intestacy applied.

Speak to our will solicitors

How often should you update your will?

You should update your will whenever you have experienced a big life event, as it is likely that such an event will alter the content of your will. For example, if you have:

• Bought a house or property
• Got married or divorced
• Had a child or grandchild
• Purchased shares or made an investment

You should consider reviewing the contents of your will to ensure it is still accurate. If it is not, you will need to update the document by making an official alteration (known as codicil).

We’re here to help you make your will

Writing a will can be a complex process, and it can be difficult to know how to start and what to do for the best. Our expert will writing solicitors have a wealth of experience in supporting clients to make their will, providing tailored legal advice and in-depth knowledge to give you peace of mind that your loved ones will be taken care of after your death.

Our commitment to excellence is reflected in our team's membership to the Society of Trust and Estate Practitioners (STEP). We take pride in our achievements, highlighting our dedication to providing high-quality legal services in the field of wills and probate.

Our expert wills and probate solicitors offer straightforward and practical advice with sensitivity and care. To get help today, e-mail us at willsandprobate@slatergordon.co.uk and request a call back within 24 hours.