You’ve probably heard people say that everybody needs a Will. And at the back of your mind, you know that making a will is a good idea. You’ve decided it’s time to bite the bullet and tick this task off your to-do list. What next?
To help you get clear about the various aspects of your Will and estate planning, we’ve put together this guide. It’s not formal legal advice (give us a call for that), but we hope it will help you think through your options.
What is a Will?
First of all, and just to be clear, a Will is a legal document that outlines how a person’s assets and estate should be distributed after their death. Its also sometimes referred to as a 'Last Will and Testament', though this is increasingly falling out of usage.
It allows you to name beneficiaries, appoint 'executors' to manage your estate, and specify guardians for minor children if you have any.
It has to meet certain formalities as set out by the Wills Act 1837 (as amended), including that it has to be made in writing and be witnessed.
What to include in your Will
The first thing to think about is what you own, or your ‘estate.’ In your Will, you’ll leave behind all of your assets, which includes:
- Land and property
- Savings and investments
- Your pension
- Cars and other vehicles
- Jewellery, antiques, or other special ornaments
You can also make provisions for what happens to your pets. And if you have children under the age of 18, you can appoint legal guardians for them.
But it’s not just assets that you leave behind. You’ll also leave your liabilities, such as any debts, loans, or mortgages, if you have them.
It’s a good idea to make a list of all of your assets and liabilities as a first step.

Beneficiaries of the Will
Next, think about who you want to leave your assets to. These are your beneficiaries.
Usually beneficiaries are family members or friends. But you may also choose to leave a certain amount to a favourite charity, sports club, or even a political party.
The slightly complicated thing about beneficiaries is; what happens if they die before you? If a beneficiary is no longer around when you die, then you need a ‘plan B’ for who will inherit the assets you left them. We can draft this into your Will, so that it’s clear and straightforward.
Rules of intestacy
If you die without making a Will, then your estate will be distributed in accordance with the rules of intestacy. These rules tell the executor what the default order of priority is.
Here’s the outcome for a few common situations:
You’re married or in a civil partnership with children
Your spouse or civil partner will inherit all of your personal possessions and the first £270,000 of your estate. They also receive half of anything else over this amount, and your children get the other half.
You’re married or in a civil partnership without children
In this case, your spouse or civil partner will inherit your entire estate.
You have a partner but you aren’t married or in a civil partnership
Some people are surprised to hear this, but your partner has no automatic right to inherit anything from your estate. That’s the case even if you have children together.
Instead, your estate will go to your surviving relatives: parents, siblings, aunts and uncles.
You have no spouse, civil partner, or children
Same as above; your estate will go to your surviving relatives, in a certain order.
As you can see, this could leave less than you wanted to certain people (like your partner or children) and could exclude some important people altogether, like siblings or friends.
The rules of intestacy have not really considered provision for cohabiting couples or blended families, and important people in your life could be left out if you don’t draft a Will.
Even if you are happy with the order of distribution, it’s not always clear how much should go to which family member, or what happens to your home, or particular items like jewellery. This can cause confusion for your surviving loved ones, and may even be a cause for disagreements and legal action.
If you’d like to find out more, see our blog “What happens if you don’t make a Will?”
Executors
Executors are the people who distribute your assets and pay your debts from your estate when you die. They have a legal responsibility to deal with your estate in accordance with your wishes.
You can appoint up to four executors if you want. Bear in mind that they will be working closely together, and should be able to get on well.
Some people find that acting as an executor is stressful and confusing. There is quite a lot of paperwork to complete and you should be confident that your executors are responsible and proactive.
If you can’t think of anybody suitable, or you think that it may be too much of a burden for a loved one, you can appoint a solicitor as the executor. Solicitors are familiar with probate, and as specialists in the area, they’ve usually seen it all before. A solicitor will charge for their time, which will be paid out of the estate. But they have the experience and familiarity with the process to do the work efficiently and without delay.
If you’re not sure who to appoint as executors, have a chat with the people you think may be suitable. They may tell you that they’d be happy to take the role, or that they’d find it difficult.
If that’s the case, feel free to speak to the solicitor who drafts your Will. They’ll be able to give you an idea of how complicated (and therefore how expensive) it may be to act as the professional executor.
Letter of wishes
Attached to your Will is often a letter of wishes. It’s not mandatory, but some people choose to write one. It’s a confidential document, but it’s not legally binding.
The letter of wishes is a good place to explain your desired funeral arrangements, which is very helpful for your family members so that they feel like they are doing everything you wanted.
You may also use this space to explain any potentially controversial decisions you’ve made in your Will.
Validating your Will
A Will must be deemed valid in order to be legally binding, and one of the most common ways of invalidating a Will is by signing it incorrectly.
That’s why solicitors are so precise about the arrangements for signing your will. Your signature must be witnessed by two independent witnesses. You all get together in one room and sign the Will together.
The witnesses are effectively saying that you appear to be in sound mind when you made the decisions in your Will, and the Will is the document you intended to sign (you weren’t duped into it somehow).
To be considered ‘independent’ those witnesses should not be family members and should not be beneficiaries in your Will. They should be over 18 and be of sound mind themselves. We recommend asking a friend, colleague or neighbour to help.

Storing your Will
Where’s the best place to store your Will? It needs to be somewhere safe, secure, and discreet. You may choose to keep a copy in a personal safe in your house.
If your Will has been drafted by a solicitor, your Will is usually stored at their offices for safekeeping.
Make sure your executors are aware of where they can find your Will.
Making changes to your Will
Wills are not necessarily a ‘one and done’ document. Granted, the first iteration is usually the most onerous. After that, it’s wise to review it every five years or so to check that you’re still happy with it. You’re likely to want to update the Will if:
- You move house
- You sell a property abroad
- You gain a new family member, like a granddaughter or a nephew
Have a look at our blog about the best time to make a Will for other common scenarios.
We usually use a codicil to make changes to your Will. It’s a short document that makes a minor amendment to your Will, and it’s attached to your Will in storage. You sign it in front of witnesses, in the same way you would do for your Will.
Be aware that if you get married, or you enter a civil partnership, any Will you made previously will be automatically revoked. You’ll have to sign a new version of your Will if you want your previous wishes to remain in place. Otherwise, the distribution of your estate will revert to the rules of intestacy.
Inheritance tax
In the words of Martin Lewis, Inheritance Tax is one of the things that “lots of people worry about, but few people pay.”
In some cases, it’s worth doing a bit of planning around Inheritance Tax, so that your estate isn’t stung with a bill when it didn’t need to be.
As the starting point, every individual benefits from the nil-rate band of £325,000. That means that Inheritance Tax is due on the proportion of your estate which is valued above the nil-rate band, and it’s paid at a rate of 40%.
But there’s no Inheritance Tax due at all if you leave your whole estate to your surviving spouse or civil partner. The other benefit for married couples or civil partners is that any unused allowance can be transferred to your surviving spouse. Married couples and civil partners therefore can leave £650,000 tax-free.
Some people plan to reduce their Inheritance Tax by making gifts to family members before they die. This can work to reduce your tax liability. But if you die within seven years of making a gift of money or property that’s over £3,000 in any one year, these gifts will be considered within your nil-rate band of £325,000. So your tax-free allowance is reduced accordingly.
Some people leave their home to their children or grandchildren, which is another way to reduce the Inheritance Tax liability. There’s an additional £175,000 of tax free allowance in this situation. That means that no Inheritance Tax will be charged on the first £500,000 of your estate if you do this. For more information on this, see our blog “Can I gift my house to my children to avoid Inheritance Tax?”.
Admittedly, Inheritance Tax is quite complicated and it can be a bit of a minefield. Planning for the tax will vary, depending on your situation and your assets. We can help you with tailored advice so that you make the most of what you can pass on to your loved ones.
Have you thought about a Lasting Power of Attorney?
While you thinking ahead, have you considered putting in place a Lasting Power of Attorney? A Lasting Power of Attorney, or 'LPA', is a tool through which you can appoint your loved ones to make decisions for your if you become unable to do so before you die. We highly recommend doing so.
You can read more about LPAs here.
How we can help
We can give you advice on estate planning and write a watertight Will for you in line with your wishes. We store Wills in a safe and secure environment so that it’s protected from any potential water damage or fire. If you’d like to take you’re first step, please get in touch.