Making a will is one of the most important things you can do to protect your family and ensure your wishes are carried out after you pass away. Despite this, research suggests that more than half of UK adults do not have a valid will in place. This guide explains what a will is, why it matters, and what you need to consider before creating one.
In this guide
What is a will and why does it matter?
A will is a legal document that sets out your wishes for how your assets, possessions and money should be distributed after your death. It allows you to name the people or organisations you want to benefit from your estate, appoint guardians for any children under 18, and choose executors to carry out your instructions.
Having a valid will in place gives you control over what happens to everything you have worked for during your lifetime. It provides clarity for your loved ones during what is already a difficult time and can help prevent disputes between family members.
A will also allows you to make specific gifts of sentimental items to particular people, leave charitable donations, and express your wishes regarding funeral arrangements.
What happens if you do not have a will?
If you die without a valid will, you are said to have died intestate. When this happens, the rules of intestacy determine who inherits your estate. These rules follow a strict order of priority based on family relationships and do not take into account your personal wishes or circumstances.
Under intestacy rules, if you are married or in a civil partnership with children, your spouse or civil partner receives all personal possessions, the first £322,000 of your estate, and half of the remainder. Your children share the other half. If you are married without children, your spouse inherits everything.
Crucially, if you are not married to your partner, they receive nothing under intestacy rules regardless of how long you have lived together. The same applies to stepchildren who have not been legally adopted. Close friends and other people important to you will also receive nothing unless you have a will in place.
Common mistakes people make when writing a will
Even when people do make a will, certain mistakes can cause problems for beneficiaries or even invalidate the document entirely. Understanding these pitfalls can help you avoid them.
- Not having the will properly witnessed - a will must be signed in the presence of two independent witnesses who also sign the document
- Making changes without following proper procedures - any amendments must be signed and witnessed correctly
- Not considering all assets - forgetting about pensions, life insurance policies or jointly owned property
- Failing to name alternative beneficiaries in case the primary beneficiary dies before you
- Not appointing guardians for minor children or choosing guardians without discussing it with them first
- Using vague language that could be interpreted in different ways
- Not keeping the will in a safe place and telling executors where to find it
When should you use a professional will writer?
While it is possible to write a will yourself using a template or online service, working with a professional will writer offers significant advantages. A professional can ensure your will is correctly drafted, legally valid, and clearly expresses your wishes.
Professional will writers are particularly valuable when your circumstances involve any complexity, such as owning property, having children from previous relationships, running a business, or wanting to include trusts to protect assets. They can also advise on inheritance tax planning and ways to provide for vulnerable beneficiaries.
For residents of Kent, including Tonbridge, Sevenoaks and the surrounding areas, working with a local will writer offers the convenience of face-to-face consultations either at their office or in your own home. A local professional also understands the property market and typical family situations in the area.
How often should you review your will?
Making a will is not a one-time task. Your circumstances change over time, and your will should be reviewed regularly to ensure it still reflects your wishes and covers all your assets.
As a general guideline, you should review your will every three to five years even if nothing obvious has changed. Additionally, certain life events should always trigger a review:
- Getting married or entering a civil partnership (marriage automatically revokes any existing will)
- Getting divorced or having a civil partnership dissolved
- Having children or grandchildren
- The death of a beneficiary, executor or guardian named in your will
- Significant changes to your assets, such as buying or selling property
- Changes to the law that affect inheritance tax or intestacy rules
- Moving to a different country
Getting started with your will
The first step in making a will is to think carefully about what you own and who you want to benefit. Make a list of your assets including property, savings, investments, pensions and valuable possessions. Consider who you would like to inherit these items and in what proportions.
Think about who you would trust to act as executor of your will. This is the person responsible for carrying out your wishes, so choose someone reliable, organised and willing to take on the role. Many people choose family members or close friends, though professionals such as solicitors can also act as executors.
If you have children under 18, decide who you would want to be their guardian if you and your partner were both to die. This is one of the most important decisions parents can make, and it is worth discussing with the potential guardians before including them in your will.
Frequently asked questions
What is a will and why do I need one?
A will is a legal document that sets out your wishes for how your assets should be distributed after your death. Without a will, the law decides who inherits your estate, which may not reflect your wishes.
What happens if I die without a will in the UK?
If you die without a will (intestate), your estate is distributed according to the rules of intestacy. This means your assets may not go to the people you would have chosen, and unmarried partners receive nothing.
How often should I update my will?
You should review your will every three to five years, or after any major life event such as marriage, divorce, the birth of a child, or significant changes to your assets.
Should I use a solicitor or a will writer?
For straightforward wills, a professional will writer offers excellent value and expertise. Solicitors may be more appropriate for complex estates involving business assets, overseas property, or contentious family situations.