Your testament doesn’t have to be testing: The simple guide on how to make a will

Do I need a will?

The simple answer is yes. Making a will not only enable you to decide what happens to your money, property and possessions following your death, but it also ensures that you do not pay more Inheritance Tax than you need to.

In theory, a will can be written on any piece of paper and doesn’t have to follow any specific format, but it does need to be signed and witnessed in accordance with the law.

However, not creating a formalised and carefully constructed Will can result in the potential for future challenges, family conflicts and added stress for your loved ones following your death.

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Who can witnesses my will?

Every legal will requires a witness or witnesses that will countersign the document before it becomes valid.

In England and Wales, you will require two witnesses over the age of 18 to be present when you sign the will. In Scotland, you will require one witness over the age of 16 to be present.

You can choose whomever you wish to act as a witness or witnesses, but they cannot inherit anything from your estate as this could render the will invalid. You can, however, use a witness to also act as the executor your will.

What is an executor?

An executor is an allocated person who will ensure that your wishes specified in your will are carried out following your death. Sometimes more than one executor is named (for example, an executor and a substitute executor).

You can choose anyone you trust to act in this capacity, such as a friend or relative. You can also allocate the role to your solicitor; however, this may incur additional costs.

An executor can be named as a beneficiary in your will unless they are also your witness.

What should my will include?

Your will can include a vast scope of details relating to how you wish your assets to be split following your death. This can include anything from sentimental items, information about who will act as guardians for any dependents and any instructions relating to your funeral arrangements.

There are, however, several particulars that your will must include in order to be legal.

It must include confirmation that you are:

Over 18 years old
Making the will voluntarily
Of sound mind

You must also:

Make the will in writing
Sign the will in the presence of two witnesses (in Wales and England) or one witness (in Scotland)
Have the will signed by your witnesses or witnesses in your presence

Your will should also specify:

The details of any beneficiaries to your will
Cite who will be a guardian for any children under 18 years old
Allocate an executor
Cite what you wish to happen should your beneficiaries die before you

Can I write a will myself?

You can write a will yourself; however, it is easy to make a mistake which could render your will as ambiguous, invalid or open to being contested.

You are permitted to write a will yourself and then elect a legal professional to review it, especially in instances when complications are present.

Instances that can cause complication can include:

Sharing your property with someone you are not legally bound to (for example, someone other than a spouse or civil partner)
If you intend to leave your assets to a dependent who is unable to care for themselves or has special needs
If you have other family members who may want to make a claim from your estates, such as children from a previous marriage or a former spouse
If your permanent place of residence is outside of the UK
If you have property overseas which could be subject to international complexities
If you own a business
If your estate will likely involve paying inheritance tax

You can, of course, have your will drawn up by a solicitor whether your circumstances are complex or not, and this is often a favoured option as it will safeguard against errors and offer you peace of mind.

What are will writing services?

There is the option of hiring a will writing service which can be cheaper than hiring a solicitor and will offer you more support and assistance than if you opted to write the will yourself.

However, these services come with a caveat. Ensure that any will writer you choose is regulated by a recognised body and be cautious of any organisations that offer free will writing services as there could be hidden costs.

The regulatory bodies in the UK are as follows:
England and Wales – Solicitors Regulation Authority
Scotland – The Scottish Law Society
Northern Ireland – Northern Ireland Law Society

Where should I store my will?

You are able to store your will at home or a recommended secure location which can include:

With your solicitor
At your bank
With an official will storage organisation
At The London Probate Service

There could be storage fees involved with these services so ensure that you make enquiries and also make sure that you notify the executor of your will where you have stored the document.

What if my circumstances change?

You should always update or review your will every five years and also after every major life event to certify that the details remain relevant.

A significant alteration could include:

Getting married (this will cancel the legality of any will made before your date of marriage)
A change in marital status (separation/divorce)
Moving house
Having children or a change in your next of kin
If your chosen executor dies

For a will to be legal and valid, there should be no errors, sections crossed out or deletions on the document. It is also worth noting that you should avoid leaving any blank spaces and ensure that each page is numbered to prevent any tampering.

You cannot amend your will after it has been signed and witnessed – you can, however, make an official alteration known as a Codicil.

A Codicil must be witnessed and signed in the same way as an original will but not necessarily by the same people, and you are permitted to make as many codicils as you require.

What is a codicil?

You cannot amend your will after it has been signed and witnessed – you can, however, make an official alteration known as a Codicil.

A Codicil must be witnessed and signed in the same way as an original will but not necessarily by the same people, and you are permitted to make as many codicils as you require.

Making a new will

In cases where significant changes need to be made to a will – making an entirely new will is admissible. However, the new will needs to stipulate that you officially revoke all previous wills and codicils and that this new document supersedes the old. Your old will should then be thoroughly destroyed.

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