Understanding Wills

Introduction

A will is one of the most important legal documents a person can make. It allows you to record your wishes, decide who should inherit your estate and appoint someone you trust to carry out those wishes after your death. Without a valid will, your estate may be distributed according to the law rather than your personal wishes. This guide explains what a will is, why it is important and answers some of the most common questions people ask.

What Is a Will?

A will is a legal document that sets out what should happen to your money, property and possessions after your death.

It can also include:

• Who should inherit your estate.
• Who will act as your executor.
• Funeral wishes (although these are not legally binding).
• Guardians for children under 18.
• Gifts to charities or organisations.

Why Is It Important to Make a Will?

Making a will can help ensure that your wishes are carried out and may reduce uncertainty for your loved ones.

A will can help you:

• Decide who inherits your estate.
• Choose your executor.
• Appoint guardians for young children.
• Leave gifts to family, friends or charities.
• Help reduce disputes between family members.

What Happens If There Is No Will?

If someone dies without leaving a valid will, they are said to have died intestate. In these circumstances, the estate is distributed according to the Rules of Intestacy. This may not reflect the person's wishes and could mean that some people do not inherit.

Who Can Make a Will?

In England and Wales, most adults aged 18 or over can make a will, provided they understand:

• What a will is.
• The extent of their estate.
• Who may have a claim on their estate.

The will must also meet the legal requirements to be valid.

Choosing an Executor

An executor is the person responsible for administering your estate after your death.

You can appoint:

• A family member.
• A friend.
• A solicitor.
• More than one executor.

Choose someone you trust, as the role carries important legal responsibilities.

Can a Will Be Changed?

Yes. You can update or replace your will if your circumstances change, for example:

• Marriage or civil partnership.
• Divorce.
• Having children or grandchildren.
• Buying or selling property.
• Changes to your financial situation.

It is a good idea to review your will regularly.

Where Should a Will Be Kept?

Keep your will somewhere safe where it can easily be found after your death.Tell your executor where the original will is stored.

Some people keep their will:

• At home.
• With a solicitor.
• In secure document storage.

Frequently Asked Questions

Do I need a solicitor to make a will?

Not always. Some people prepare their own will, while others choose to use a solicitor or professional will writer, particularly if their affairs are more complex.

Is a handwritten will valid?

A handwritten will can be valid if it meets the legal requirements for making a will in England and Wales.

Can I leave someone out of my will?

In some circumstances you can, but certain people may be able to make a legal claim against your estate. If you are unsure, seek professional legal advice.

Should I review my will?

Yes. It is sensible to review your will after major life events or every few years to make sure it still reflects your wishes.

Related Guides

• Probate & Estate Administration
• Money & Legal Matters
• Planning Ahead
• Managing Someone's Affairs After Death