The Complete Guide to Writing a Will in Kent

Part 1: Wills — The Foundation of Your Estate Plan

What is a will and why do you need one?

A will is a legal document that records your wishes for how your estate — your property, savings, investments and personal belongings — should be distributed after your death. Without a valid will, your estate will be distributed according to the Rules of Intestacy, which are fixed rules set by law that may have nothing to do with what you would actually have wanted.

In England and Wales, the Rules of Intestacy typically prioritise a surviving spouse or civil partner, then children, then parents and siblings in a strict hierarchy. This means that unmarried partners, stepchildren, close friends and charities have no automatic entitlement, regardless of how long you have been together or how close you are.

Having a professionally prepared will is the only way to ensure your assets go to the people and causes you care about.

What makes a will legally valid?

For a will to be legally valid in England and Wales it must meet specific requirements. The testator — the person making the will — must:

• Be aged 18 or over (with limited exceptions)
• Have testamentary capacity — meaning they understand what a will is, what assets they have, who their natural heirs are, and the effect of making a will
• Be acting of their own free will, without undue pressure from others
• Sign the will in the presence of two independent witnesses
• Have the will signed by both witnesses in their presence

Witnesses must not be beneficiaries under the will, and ideally should not be the spouse or civil partner of a beneficiary. Any gift to a witness (or their spouse) may be invalidated.

Types of will

When should you make a will?

The short answer is: now. Most people delay making a will because they assume it can wait, but life is unpredictable. The following situations make it particularly important to have a current will in place:

• You have children, including stepchildren you wish to provide for
• You own property, either alone or with a partner
• You are not married to your long-term partner
• You have specific wishes about who should receive your assets
• You have a business interest
• You have received or expect to receive an inheritance
• You have previously been married or have children from a previous relationship
• You wish to leave a gift to charity

Part 2: Trusts — Protecting Assets for Future Generations

A trust is a legal arrangement where assets are held by one or more people (trustees) for the benefit of others (beneficiaries). Trusts can be created during your lifetime or within a will, and they serve a wide range of estate planning purposes.

Common types of trust used in wills

Part 3: Lasting Powers of Attorney

A Lasting Power of Attorney (LPA) is one of the most important documents you can create, yet it is often overlooked until it is too late. An LPA allows you to appoint one or more trusted people to make decisions on your behalf if you lose mental capacity through illness, accident or dementia.

Critically, an LPA must be created while you still have capacity. Once capacity is lost, it is too late to make one. If you do not have an LPA in place and lose capacity, your family would need to apply to the Court of Protection to manage your affairs — a lengthy, expensive and often distressing process.

The two types of LPA

Part 4: Probate — Administering an Estate After Death

Probate is the legal process of validating a will and authorising the executor to administer the deceased's estate. A Grant of Probate is usually required by banks, financial institutions and the Land Registry before they will release assets or transfer property.

The executor — the person named in the will to administer the estate — is responsible for gathering assets, paying debts and liabilities, dealing with inheritance tax if applicable, and distributing the estate to the beneficiaries.

Probate can be straightforward for simple estates, but it can become complex where there are multiple assets, property in multiple jurisdictions, business interests, disputes between beneficiaries, or significant inheritance tax liability. In these circumstances, professional support can save considerable time, cost and stress.

Part 5: Inheritance Tax in Kent — Key Facts

Inheritance tax (IHT) is a tax on the value of a person's estate above a certain threshold. It is charged at 40% on the portion of the estate that exceeds the available allowances. Understanding the basics helps you plan effectively.

Proper estate planning can significantly reduce or eliminate inheritance tax liability. Trusts, gifting strategies and careful planning around property ownership can all be effective. A professional will writer with estate planning expertise can help you understand the options available to you.

Part 6: Protecting the Family Home in Kent

For many people in Kent, the family home is their most significant asset. Ensuring it is properly protected within your estate plan is important, particularly for couples where one partner survives the other.

The way you own your property has significant implications for what happens when you die. There are two main forms of joint ownership in England and Wales:

If you wish to use a protective property trust in your will, you will usually need to hold your property as tenants in common first. A professional will writer can advise on how to achieve this.

Frequently Asked Questions