Lisa Nurse
May 2025
Personal Law
A will is one of the most important legal documents you can have, yet many people delay making one. It’s understandable. Thinking about what happens after you’re gone isn’t the easiest task. However, having a will ensures your wishes are respected and makes things much easier for your loved ones.
A will is a legal document that outlines your instructions for how your estate—your money, property, and possessions—should be distributed after your death. It allows you to appoint people (known as “executors”) to carry out your wishes. If you have children under 18, you can also use a will to name guardians to care for them.
Having a will gives you control over what happens to your estate and provides peace of mind for both you and your family. Key benefits include:
• Ensuring your loved ones are provided for as you intend.
• Avoiding unnecessary disputes or delays in managing your estate.
• Reducing the amount of inheritance tax that might be payable.
A will can also make specific provisions for sentimental items or donations to charities that are important to you, adding a personal touch to your legacy.
A will allows you to:
• Name the executors who will manage your estate.
• Specify who should inherit your money, property, and personal belongings.
• Appoint guardians for children under 18.
• Provide instructions for funeral arrangements, if you wish.
It’s important to note that a will only deals with assets solely in your name or held as tenants-in-common1. Other jointly owned assets, such as property or bank accounts, usually pass to the surviving owner, depending on how they are held.
Creating a will is straightforward, especially with the help of a solicitor. Here’s how to get started:
Take stock of your assets. List your property, savings, investments, and any sentimental possessions.
Decide who will inherit. Think about who you’d like to benefit from your estate, including family, friends, or charities.
Choose executors. These should be trustworthy individuals, such as family members, close friends, or professional advisers.
Draft your will. A solicitor can ensure it is legally valid and accurately reflects your wishes.
Store it safely. Keep your will in a secure place and let your executors know where to find it.
Making a will doesn’t have to be complicated or overly expensive. A solicitor can guide you through the process, ensuring your will is legally valid and tailored to your circumstances.
It’s never too early to make a will2. However, it is usually recommended that you consider making or updating your will after major life events, such as marriage, the birth of a child, or buying a home. It’s also a good idea to review it every five years to ensure it remains up to date.
Don’t leave it too late. If you die without a will, the rules of intestacy decide how your estate is divided. This can result in outcomes you might not want and may take longer to settle matters.
For instance, if you’re not married or in a civil partnership, your partner won’t automatically inherit anything, regardless of how long you’ve been together. Unmarried partners and stepchildren have no automatic right to inherit under intestacy rules in England and Wales.
1Property held jointly as beneficial joint tenants doesn’t pass under a will but property held jointly as tenants-in-common does, so it’s important to seek advice about which type of joint ownership applies.
2The minimum age to make a will is 18.
If you are thinking about creating a will, don’t put it off. Our friendly and experienced team are here to help you every step of the way with straightforward advice. We’ll help to ensure that your wishes are carried out.
