Most of us know we should write a will, but it’s one of those jobs that’s easy to put off. In fact, the Law Society estimates that one in three people die without a will. When this happens, the law decides how their estate is shared out, according to the rules of intestacy, rather than their own wishes.
The good news is that writing a will doesn’t need to be complicated. Armed with the right information (and professional legal advice if you need it), you can make sure your money, property and possessions go to the people and causes you care about.
In this guide, we explain the ten most important things to think about before making a will, based on guidance from trusted legal and consumer organisations, so you can confidently plan for the future.
If you’re just starting to think about making a will, don’t worry – these steps will help you take it one stage at a time.
- 1. Plan what makes up your estate
- 2. Decide how you want to write your will
- 3. Think about anyone who depends on you financially
- 4. Name the beneficiaries in your will
- 5. Plan for the unexpected
- 6. Choose your executors
- 7. Keep your will clear and simple
- 8. Consider Inheritance Tax
- 9. Make sure your will is signed and witnessed
- 10. Store your will safely
1. Plan what makes up your estate
Start by making a list of everything you own. This is known as your estate, and it’s what your will deals with when you die.
Your estate might include:
- Property or land you own (either on your own or jointly)
- Savings accounts, ISAs and investments
- Shares and bonds
- Life insurance policies or pension benefits
- Personal belongings such as jewellery, cars or family heirlooms
- Business interests or royalties
- Digital assets
- Any debts or liabilities
Having a clear picture of your finances makes it much easier to decide how you want your estate to be shared.
2. Decide how you want to write your will
There are several ways to make a will, and the right option depends on how complex your situation is. You might choose to write a will yourself, use an online will-writing service, or ask a solicitor to prepare it for you (these options vary in cost).
Many people choose to use a solicitor, especially if their estate includes property, business interests, or complex family arrangements. A solicitor can also check that your will is legally valid and clearly written.
For example, you might write a will yourself and leave your home equally to your two children. A solicitor could ask a few helpful questions, such as whether the property is owned outright, jointly with a partner, or in another arrangement. Details like this can affect what can legally be left in a will.
They can also check that the will has been signed and witnessed properly, and that the wording you use clearly reflects what you want to happen. Sometimes a conversation like this can help avoid confusion or problems for your family.
You can find regulated solicitors through the Law Society, or The Society of Lifetime Lawyers or explore our guide on how to write a will to compare the different options available.
3. Think about anyone who depends on you financially
For lots of people, one of the most important things to consider when writing a will is continuing to support anyone who relies on them financially.
This could include:
- A spouse or civil partner
- Children or stepchildren
- Adult children with additional needs
- Elderly relatives you support
Your will can help make sure these people are looked after. For example, you might leave money in a trust for children or allow your partner to continue living in the family home. Thinking about these things now can help prevent financial worries for your loved ones later on.
A word about pets – which are considered property so it is not possible to leave money direct to them. Rather you can leave money for their care to a trusted individual, or set up a discretionary trust to fund them after you die.
4. Name the beneficiaries in your will
Your beneficiaries are the people or organisations who will inherit from your estate. Your will has to explain exactly how your estate is to be shared amongst those people or organisations.
Your will should clearly state:
- Who you want to leave things to
- What they should receive
- How your estate should be divided if there is more than one beneficiary
You might leave:
- Specific items, such as jewellery or family possessions
- Fixed amounts of money
- A percentage of your estate
If you plan to leave money to a charity, include the charity’s full name, address and registered charity number to make sure the gift can be administered correctly.
A solicitor can help you structure your will if you think you might want to provide for several generations or divide your estate in different ways, so don’t feel that you need to be certain about your wishes before you meet with them.
5. Plan for the unexpected
Circumstances can change, so it’s wise to think about what should happen if something unexpected occurs. For example, you may want to decide what should happen if a beneficiary dies before you, a marriage or relationship ends, or your children are still under 18 when you die (appointing a guardian in your will is essential, otherwise it is up to the court).
Your will can also include backup beneficiaries or instructions about how assets should pass on to future generations.
If someone loses the mental capacity to make their own will, it may be possible to apply to the Court of Protection for what is known as a statutory will.
It is a good idea to revisit your will in the future – as circumstances can change considerably.
6. Choose your executors
Executors are the people responsible for carrying out the instructions in your will.
Their role includes:
- Registering the death
- Valuing your estate
- Paying debts and taxes
- Applying for probate
- Distributing assets to beneficiaries
Lots of people appoint two executors, but you can appoint up to four.
Executors can be:
- A family member or trusted friend
- A solicitor or professional adviser
- A combination of both
It’s important to choose someone you trust, who is organised and willing to take on the responsibility. It’s also a good idea to let them know you’ve named them in your will.
To be able to carry out the wishes within a will, an executor must apply for a grant of probate. Read our guide to learn more about how this works.
7. Keep your will clear and simple
Clear wording is essential when writing a will. Ambiguous language can cause confusion or even disputes after your death, which may delay the administration of your estate.
Using clear, straightforward instructions helps to ensure that your wishes are carried out as intended. This is one reason lots of people choose to use a solicitor or professional will-writing service. It’s also important to review your will after major life events such as marriage or divorce, the birth of children or grandchildren, or when you are buying or selling property.
8. Consider Inheritance Tax
Inheritance Tax (IHT) may apply to some estates when someone dies. According to HM Revenue & Customs, there is usually no inheritance tax to pay if the value of your estate is below £325,000, although there are additional allowances that may apply depending on your circumstances.
If inheritance tax is due, it is normally paid from the estate before the remaining assets are passed to the beneficiaries.
Inheritance Tax rules can be complicated, so it can be helpful to seek professional advice or read our guide to understanding Inheritance Tax.
9. Make sure your will is signed and witnessed properly
Of all the considerations laid out here, this is arguably the most important. For a will to be legally valid in England and Wales, it must be:
The rules are slightly different in Scotland and Northern Ireland, but the same general principle applies: a will must be written, signed, and properly witnessed to be legally valid. If you live outside England and Wales, it’s worth checking the specific rules where you live.
The witnesses must not be beneficiaries of the will, or married to someone who is. If these rules are not followed correctly, the will could be considered invalid, so it’s important to get this step right.
10. Store your will safely
Once your will has been written and signed, it’s important to keep it somewhere safe.
Common options include storing it with your solicitor, using a specialist will storage service (this is sometimes offered by solicitors or will-writing services), keeping it securely at home, or placing it in safe custody at a bank.
Wherever you choose to store it, make sure your executors know where the original will is kept and how to access it. Avoid damaging the document, for example by removing staples, as this can raise questions during probate about whether any pages might have been removed or the document changed.
What to do next
- Make a full list of everything you own so nothing gets missed when you write your will
- Decide the best way to make your will – whether that’s using a solicitor, an online service, or a simple template
- Plan for your loved ones by using our tips to protect dependents and manage inheritance tax
- Sign, witness, and store your will safely so you can be sure it’s legally valid and easy to find when needed
This article has been written using information from trusted organisations. Their guidance helps ensure the information here is accurate and reflects current UK law and best practice.
These resources from those organisations might also be helpful:
If you found these will considerations useful and feel comfortable progressing with writing your will, go to our page on how to write a will.
