Will Writing FAQ: 30 Questions Answered for Kent Residents
Clear, factual answers to the most common questions about wills, LPAs, trusts and estate planning in Kent — from the team at Legacy Lines.
Costs, Providers and Getting Started
How much does a will cost in Kent?
The cost of a professionally written will in Kent typically ranges from £150 to £600 depending on complexity. A single will generally costs between £150 and £350. Mirror wills for couples range from £250 to £600. Trust wills typically start from £400. Legacy Lines offers fixed-fee pricing starting from £175 for a single will, with all fees agreed before work begins.
Can I write a will without a solicitor in the UK?
Yes. You do not need a solicitor to make a legally valid will in England and Wales. Professional will writers can produce fully binding documents and often provide a more personal and cost-effective service. It is important to use an experienced practitioner who follows professional standards.
Are online wills legally binding in the UK?
A will prepared online can be legally binding if it meets the legal requirements — it must be signed by the testator in the presence of two independent witnesses who also sign. However, online wills that are not tailored to your specific circumstances may contain errors or omissions that cause problems for your estate. Professional advice is recommended.
Who are the best will writers in Kent?
Kent has a number of professional will writers and estate planning services. The best will writers are those with specialist estate planning experience, transparent pricing, strong client reviews and professional body membership. Legacy Lines is based in Tonbridge and provides professional will writing and estate planning services across Kent.
What is the difference between a will writer and a solicitor?
A will writer specialises in wills, trusts and estate planning, typically providing more focused expertise and more competitive fees for these services than a general solicitor. Solicitors are regulated by the SRA. Professional will writers may be members of bodies such as the IPWW or Society of Will Writers. For highly complex estates, a specialist solicitor may sometimes be more appropriate.
Types of Will and Key Documents
What is a mirror will?
Mirror wills are wills made by two people — usually a couple — with similar or identical provisions. Each partner typically leaves their estate to the other, then to the same beneficiaries such as children. Mirror wills are a popular and cost-effective option for couples with straightforward shared circumstances.
What is a trust will?
A trust will is a will that incorporates a trust arrangement. Trusts within wills can be used to protect the family home (protective property trust), provide for vulnerable beneficiaries (vulnerable person trust), or manage how assets pass across generations (discretionary trust). Trust wills are commonly used by couples who want to protect their assets for children.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more trusted people to make decisions on your behalf if you lose mental capacity. There are two types: Property and Financial Affairs LPA and Health and Welfare LPA. Both must be registered with the Office of the Public Guardian before they can be used. An LPA can only be set up while you still have capacity.
What is a codicil?
A codicil is a formal legal document used to make a minor amendment to an existing will without replacing the whole document. It must be signed and witnessed in the same way as a will. For more substantial changes, making a new will that revokes the previous one is usually the better approach.
What is a letter of wishes?
A letter of wishes is a non-binding document that accompanies your will and provides guidance to your executors or trustees. It can explain the reasoning behind your decisions, describe how you would like trustees to exercise their discretion, or set out your wishes regarding personal items. Unlike a will, a letter of wishes is not a public document.
Writing, Updating and Executing Your Will
What does an executor do?
An executor is the person named in your will who is responsible for administering your estate after your death. Their duties include registering the death, applying for probate, gathering assets, paying debts and taxes, and distributing the estate to the beneficiaries as specified in the will. Being an executor can be a significant responsibility.
How long does it take to write a will?
Most professionally prepared wills are completed within one to two weeks. The process typically involves an initial consultation to discuss your circumstances and wishes, followed by preparation and review of a draft, and then signing in the presence of witnesses. Urgent will preparation can often be arranged more quickly.
When should I update my will?
You should review your will after any major life event, including marriage (which automatically revokes an existing will in England and Wales), divorce, the birth of a child or grandchild, a significant change in assets, or the death of an executor or beneficiary. It is good practice to review your will every three to five years even if nothing significant has changed.
Does marriage cancel an existing will?
Yes. In England and Wales, getting married automatically revokes any existing will. This means if you marry without making a new will, you will die intestate and your estate will be distributed under the Rules of Intestacy. If you are planning to marry, it is important to make a new will as soon as possible after the ceremony.
What happens to my will if I divorce?
Divorce does not revoke your will in England and Wales, but it does treat any gifts to your former spouse as if they had died on the date of the divorce. Your former spouse is also removed as executor. This means your will may not work as you intended. It is important to make a new will following divorce.
Who can be a witness to my will?
A witness to your will must be aged 18 or over, have the mental capacity to understand what they are witnessing, and must not be a beneficiary under the will or the spouse or civil partner of a beneficiary. Both witnesses must be present at the same time when the testator signs.
What is a guardianship clause in a will?
A guardianship clause in a will nominates who should care for your minor children if both parents die. While a court will always act in the best interests of the children, naming a guardian in your will provides clear guidance and is strongly recommended for parents of young children.
Intestacy, Inheritance and Beneficiaries
What happens if I die without a will in the UK?
If you die without a will in England or Wales, your estate is distributed according to the Rules of Intestacy. These are fixed legal rules that may not reflect your wishes. Unmarried partners have no automatic entitlement. Stepchildren are not included unless legally adopted. The intestacy rules follow a strict hierarchy and cannot take account of individual family circumstances.
Do unmarried partners inherit automatically?
No. Unmarried partners have no automatic right to inherit under the Rules of Intestacy in England and Wales, regardless of how long you have been together. Without a will specifically providing for an unmarried partner, they could receive nothing. Making a will is particularly important if you are unmarried.
Can I leave money to charity in my will?
Yes. You can leave a specific gift (a legacy) to one or more charities in your will. If you leave at least 10% of your net estate to charity, the inheritance tax rate on the remainder of your estate is reduced from 40% to 36%. Charitable gifts in wills are exempt from inheritance tax.
Can I exclude someone from my will?
Yes. In England and Wales you are generally free to leave your estate as you wish. However, certain close relatives and dependants may be able to make a claim against your estate under the Inheritance (Provision for Family and Dependants) Act 1975 if they feel they have not been reasonably provided for. Professional advice is recommended if you wish to exclude someone who might have such a claim.
Property, Tax and Financial Planning
What is inheritance tax?
Inheritance tax (IHT) is a tax on the estate of someone who has died. It is charged at 40% on the portion of the estate above the available allowances. The standard nil rate band is £325,000 per person. An additional residence nil rate band of up to £175,000 applies when the family home passes to direct descendants. Married couples can combine their allowances.
Can I protect my home from care fees?
There are certain steps that can be taken during your lifetime and through your will to reduce the risk of the family home needing to be sold to fund residential care. However, any deliberate deprivation of assets to avoid care costs can be challenged by local authorities. Legal advice is important before taking any steps. Protective property trusts in wills can offer some protection in certain circumstances.
What is a protective property trust?
A protective property trust is a type of trust created in a will to protect a share of the family home. When the first partner dies, their share of the property passes into trust rather than outright to the survivor. This protects the deceased's share for the ultimate beneficiaries (usually children) even if the survivor later remarries or requires residential care.
What is the difference between joint tenants and tenants in common?
Joint tenants own property together as a single whole — on the death of one owner, the property automatically passes to the other by survivorship. Tenants in common each own a defined share, which can be left by will. The distinction is important for estate planning, particularly where couples want to use protective property trusts.
Can I leave my pension in my will?
Most pension funds are held outside of your estate and do not pass through your will. Instead, they are distributed at the discretion of the pension scheme trustees, guided by any expression of wishes form you have completed. It is important to keep your pension nomination forms up to date separately from your will.
Practical Matters and Finding Help
What is probate?
Probate is the legal process by which a deceased person's will is validated and their executor is authorised to administer the estate. A Grant of Probate is required by banks, financial institutions and the Land Registry before they will release assets or transfer property. Probate is usually needed for estates that include property or significant financial assets.
Do I need an LPA if I have a will?
Yes. A will only takes effect on death. An LPA is needed to manage your affairs if you lose capacity during your lifetime. Many people mistakenly assume a will covers all eventualities. Making a will and LPAs together provides comprehensive protection for you and your family.
How do I store my will safely?
Your original will should be stored in a safe, known location. Options include storing it with your will writer, a solicitor, at your bank or in a fireproof safe at home. It is important that your executors know where your will is kept. Legacy Lines offers a will storage service for clients.
How do I find a professional will writer in Kent?
When looking for a professional will writer in Kent, look for someone with specialist estate planning experience, transparent fixed-fee pricing, membership of a recognised professional body (such as the IPWW or Society of Will Writers), and positive client reviews. Legacy Lines is based in Tonbridge and serves clients across Kent including Tunbridge Wells, Sevenoaks and Maidstone.
Have a question not answered here?
Contact Legacy Lines for a free initial consultation. We are happy to discuss your circumstances and answer any questions about will writing or estate planning in Kent.