Writing and Reviewing Your Will Knowledge & Resources

Dying without a Will means your loved ones may end up without the immediate support they require. For peace of mind, the best way to guarantee that assets pass according to your wishes is to put a Will in place.

If you die without a valid Will, you have no say in who gets what. Instead, intestacy rules apply. This means the division of your estate (assets such as property, savings and possessions) may be passed on to someone you don’t want to benefit. If you don’t make a Will your spouse/civil partner may not inherit everything that you own if you are a couples living together but unmarried you may lose entitlement to remain in the family home your children (if you have any) could end up being cared for by someone you didn’t want your children may receive a large amount of money at too young an age friends, charities and other family members may not benefit.

a list of all the assets you own and their value who you would like them left to after you die specific wishes, such as funeral arrangements or leaving a legacy to a charity who will look after your children (if you have any) – known as guardians who will carry out your wishes after your death – your executor(s).

An executor is the person you name in your Will who is responsible for administering your estate after you die. Typical executor duties include collecting up all assets (property, possessions, cash and savings for example) and distributing it out to the beneficiaries as detailed in the Will, after any debts have been paid off.

Your executor should be someone you know; a friend, family member or professional, such as a lawyer. They should have a good understanding of your financial situation and be reliable as this is a long term responsibility. Being appointed as an executor can be very rewarding, but if not done correctly it can be quite a stressful and fraught experience. As an executor there are rules and good practice which need to be followed. We are regularly appointed by clients to be their executor, or to advise the executors, and can guide you through this process, making sure you avoid the common pitfalls.

You should review your Will every few years, and in particular after marriage, civil partnership or divorce the birth or marriage of children or grandchildren moving house purchasing high value items, such as overseas property or an expensive car.

If you are born or live long term outside of England and Wales, you may have different tax and administration rules which can sometimes be quite complex. A lawyer can advise you on how this might affect your Will.

After you die your beneficiaries will be subject to inheritance tax. This will depend on the size of your estate amongst other factors.

You should keep your Will in a safe place and make sure your executor knows where it is as they will need to access it after you die. Whoever drafts your Will should keep a physical or electronic copy for you to have access to whenever you need to review it.

A mirror Will is designed for couples who want to make almost identical Wills. This is more cost efficient but if there are a number of different wishes and requirements between the couple it is best to have separate Wills written.

A living Will, also referred to as advance decisions, sets out the particular circumstances in which you would refuse certain types of medical treatment should you be in a position where you have lost mental capacity.

If you are born or live long term outside of England and Wales, you may have different tax and administration rules which can sometimes be quite complex. A lawyer can advise you on how this might affect your Will.

One in three adults in the UK die without a Will, make sure you plan ahead so your loved ones are looked after in the way you want after your death.

Your circumstances often change, for example moving home, having children or grandchildren, getting married or divorced. Make sure your Will reflects these changes.

They should have a good understanding of your financial situation and be responsible and capable of doing the job. Executors are often close family or friends but can also be a professional, such as your lawyer or accountant. You should also appoint a substitute executor in case your first choice is unable to do it.

It is also important to let your executor know where they can find it.

If no guardian is appointed, the courts will make this decision and appoint someone that you wouldn't want to look after your children.

Even just a small mistake can cause major problems for your executor or beneficiaries. Always get advice from a professional who can guide you through the process.

If you aren’t married, you don’t have the same rights as married couples. Without a Will your partner may not receive anything as your assets will pass automatically to your closest blood relatives.