Who Should Consider Making a Will?

Many adults can benefit from having a valid Will, particularly anyone who has property, dependants, savings, investments or people they specifically want to provide for.

What Happens If I Don't Have a Will?

A common misconception is that your husband, wife, civil partner, children or parents will simply inherit everything automatically.

Who inherits when someone dies without a valid Will depends on their family circumstances and the value and nature of their estate. The law contains specific rules determining who is entitled to inherit and, where applicable, how the estate is divided.

This is known as dying intestate.

Making a Will allows you to set out your own wishes rather than relying on the intestacy rules.

Why Should I Write a Will?

A Will is about much more than deciding who receives your possessions. It gives you the opportunity to make your wishes clear and put appropriate arrangements in place for the people who matter to you.

Who Can Make a Will?

In England and Wales, you will normally need to be 18 or over, make your Will voluntarily and have the required mental capacity to understand the Will you are making and its effect.

There are limited exceptions to the usual age requirement, including certain circumstances involving members of the Armed Forces.

Where a person lacks the mental capacity required to make a Will themselves, an application may be made to the Court of Protection for a Statutory Will. This is a specialist legal process and appropriate professional advice should be obtained.

Making a Will Doesn't Need to Be Complicated

A good starting point is to think about what you own and what you would like to happen to it.

You should consider:

• Your property and other real estate
• Savings and bank accounts
• Investments and shares
• Business interests
• Personal possessions
• Who you would like to inherit from your estate
• Who you trust to act as your Executors
• Who you would like to appoint as Guardians for your children, where appropriate
• Whether you would like to leave specific gifts to people or charities
• Whether any beneficiaries require additional protection or provision
• Whether a Trust or other estate-planning arrangement may be appropriate

What Makes a Will Valid?

For a Will to be legally valid, it must comply with the required legal formalities. This includes the Will being properly signed by the person making the Will and witnessed in accordance with the law.

Getting the formalities right is important. A Will that has not been properly executed may not have the legal effect you intended.

What About My Funeral Wishes?

Many people find it difficult to discuss funeral arrangements with family and friends.

Your Will can be used to record wishes such as whether you would prefer to be buried or cremated and any particular requests you may have for your funeral.

Changing a Will

If you don’t keep your will up to date, it might lead to complications when your estate is dealt with. For example, your will might refer to a house you no longer own, or mention older grandchildren but not younger ones. You can change your will at any time, as long as you have mental capacity to do so. In fact, it’s a good idea to review your will every 5 years in case your circumstances are different. When we talk about mental capacity, we mean the ability to make and understand the consequences of decisions. If you marry, remarry or enter a civil partnership, this automatically revokes (cancels) any will you previously made. If you marry, separate or divorce, then you should make a new will. Divorce doesn’t automatically invalidate a will made during the marriage – but it does stop your ex-spouse or civil partner from benefitting if they’re mentioned in the will

If you only want to make a minor change, you can do so using a codicil. This must be signed and witnessed in the same way as the will (see page 18) – but the witnesses don’t necessarily have to be the same ones that witnessed the will signing. You should keep the will and codicil together – as both will be needed for probate after you die. A codicil is a document that makes a minor change to a will. If you want to make a substantial change, you need to make a new will revoking the old one. If you do revoke an old will, either destroy it or make it clear it’s revoked to avoid confusion in the future. The Government advises you to destroy an old will either by burning it safely or tearing it up.