| Please note: this article applies to residents of | | | | between solicitors and will also depend on how |
| England, Wales and Northern Ireland and is provided | | | | complex your estate is. If you're a member of a |
| for general information only. It does not constitute | | | | trade union, your membership may entitle you to a |
| financial advice. | | | | free will-writing service or free legal advice. You can |
| It's not something that anyone likes to think about, | | | | bring down costs by considering in advance what |
| but deciding what happens to your estate when you | | | | your assets are and to whom you would like to |
| die is crucially important for ensuring that your loved | | | | leave them - whether family, friends or charity. This |
| ones are looked after when you're gone and that | | | | will include property, possessions, bank accounts, |
| your assets are distributed as you would have | | | | insurance policies, pensions and shares. Also think |
| wished. | | | | about who you want to appoint as executor of your |
| Many people think that wills are only necessary for | | | | estate and who you want to look after your children |
| people with a great deal of wealth, but this isn't the | | | | should you die before they reach the age of 18. |
| case. There are certain laws governing how a | | | | You should certainly consider using a solicitor if you |
| person's estate is divided if they die 'intestate' (i.e. | | | | have complicated personal circumstances, for |
| without a will), which might not be what you would | | | | example if you live with someone who isn't your |
| expect or intend. For example, if you're not married | | | | spouse or civil partner, if you have a dependant who |
| or in a civil partnership, even if you co-habit with your | | | | is unable to look after themselves, if you have a |
| partner, they will not be entitled to inherit anything | | | | business or own property abroad, if you don't live in |
| from you unless you specifically mention them in your | | | | the UK or aren't a UK citizen, or if you have lots of |
| will. Even if you are married, without children, your | | | | family members who may make claims on your |
| spouse will not inherit your entire estate - other living | | | | estate, such as ex-spouses or children from previous |
| relatives such as your parents and siblings will be | | | | marriages. |
| entitled to a share. Also, if your circumstances | | | | If you don't want to use a solicitor, it's possible to |
| change, for example if you get married, divorced or | | | | purchase 'DIY' will kits from many high street |
| remarried or have children, this could make your | | | | stationers and bookshops or online providers, which |
| estate more complicated to settle. Another important | | | | will provide basic guidance. |
| point to bear in mind is that if you don't have a will, | | | | Remember to make amendments your will any time |
| you won't have a named executor to carry out the | | | | you have a change in circumstances such as |
| administration of your estate and the responsibility will | | | | marriage, remarriage, divorce, civil partnership or the |
| fall upon your beneficiaries, whom you may deem | | | | birth or adoption of children. You'll need to be careful |
| unsuitable to handle your affairs. | | | | in how you amend your will to ensure that it remains |
| Making a will has other advantages too - planning | | | | valid. It's not possible to write alterations onto an |
| your estate and who will inherit may help you to | | | | existing will. Instead you must either write what's |
| minimize the impact of the inheritance tax laws. | | | | known as a 'codicil' or draw up a new will entirely. A |
| To make a will, you must be 18 years of age or | | | | codicil is like an addendum to your will. It doesn't |
| older. You must be considered to be of sound mind | | | | replace the original will, but makes alterations to one |
| and it should be written without pressure from any | | | | or more of the sections. Only the person who |
| other party. A will must be recorded in writing, and it | | | | created the original will can make a codicil, and it must |
| needs to be signed by yourself in the presence of | | | | be signed and witnessed in the same way as the |
| two witnesses, who must also sign. Beneficiaries of | | | | original will (although not necessarily by the same |
| the will and married partners of beneficiaries cannot | | | | witnesses). It's only suitable for making small and |
| act as witnesses. If they do, the will won't be | | | | uncomplicated changes such as increasing or |
| invalidated, but their inheritance will be. The | | | | decreasing the amount of money left to a |
| completed and signed will can be kept anywhere you | | | | beneficiary, adding a new beneficiary or changing the |
| want - at home, at your bank, at your solicitor's | | | | executor. You can add as many codicils as you want |
| office, at a Probate Sub-registry, a District Registry | | | | to your will, but if you have lots of amendments or |
| or the Family Division Registry of the High Court. | | | | complex changes it's best to start afresh with a new |
| The big question for many people is whether it's | | | | will altogether. When you draw up your new will, you |
| necessary to employ a solicitor to set up a will. The | | | | should insert a clause at the beginning to explain that |
| answer is no, but it is certainly recommended, | | | | this new will revokes all previous wills and codicils. |
| particularly if your estate and personal circumstances | | | | Your old will is no longer valid after you do this (and |
| are rather complex. It's also easy to make seemingly | | | | have your new will signed and witnessed), and you |
| simple mistakes which could end up having significant | | | | should therefore destroy it. You must destroy it |
| consequences. Common errors are not understanding | | | | yourself too, or have it destroyed in your presence - |
| what has to be done to make a will legally valid, | | | | otherwise it may still be considered valid. |
| changing the will without having it signed by | | | | Your will may be challenged if a person feels that it |
| witnesses, failing to make alterations in the event of | | | | hasn't left them with adequate provision or they |
| a change in personal circumstances, forgetting about | | | | don't believe it to be valid - for example, if it hasn't |
| parts of your estate, or not taking into account that | | | | been drawn up in line with the legal requirements |
| the beneficiary might die before inheriting. | | | | outline above. |
| Solicitor charges for setting up a will can vary | | | | |