How to make a will

Without doubt, the most important part of your funeral planning should be to make a will. By doing this, you'll have done what two-thirds of the UK population hasn't. Having a legal will in place means that your assets will be properly distributed according to your wishes. And of course, you'll enjoy the peace of mind that comes with good planning and from knowing that your loved ones will avoid the heartache and stress that results when someone dies without a will ('intestate'). If nothing else, a properly drawn up will ensures that your family and friends will benefit from your wishes rather than the taxman.

What can a will help you do?

Legal wills enable people to give away ('gift') the following:

  • Your estate as one 'lump' ('the residue of the estate')
  • Property (outright or the use of)
  • House contents (chattels) or individual items
  • Cash
  • Investments
  • Businesses
  • Residue (everything that is left after all other gifts have been made and outstanding liabilities have been settled)

A properly drafted will is a powerful document that gives you great flexibility when it comes to determining what happens to your property and money. Your will is a legal record of how you want your estate to be distributed; you can use it (perhaps in conjunction with a letter of wishes) to specify your funeral wishes, as well as doing the following:

  • Make 'thank you gifts' of money
  • Make gifts of personal belongings with special significance to you and the recipient
  • Help charities with a gift that is free of inheritance tax
  • Appoint guardians for your children
  • Choose your executor (or executors) and Trustees

Making a will in the UK

Many people fail to make a will because they think the process is difficult, complicated and swathed in legal jargon. Whilst learning how to write a will is a specialised skill area for professionals, suitable guidance, or access to a reputable online will service (free wills are even available), makes the process of preparing a will and any codicils much simpler.

Due to the separate legal systems, making a will in England and Wales is different to making one in Scotland. There are also differences if you are making a will in Ireland.

English wills

Some of the main characteristics of making a will in England are as follows:

  • Legal aid is much less widely available for will writing
  • A valid will can be made at age 18
  • The formalities of execution are different for English wills
  • English wills are invalidated by marriage
  • Children can make claims if left out of a will, but only based on need or proof of maintenance
  • A disinherited spouse must litigate or seek to settle with beneficiaries to obtain a share of a will
  • The Registry and Probate Sub-registry offers safe storage for wills (if required)

Making a will in Scotland

Some of the main characteristics of making a will in Scotland are as follows:

  • Legal aid is more widely available for will writing
  • A valid will can be made at age 12
  • The formalities of execution are different for Scottish wills
  • Scottish wills are not invalidated by marriage
  • Regardless of a will's content, children always have a right to claim their 'legal rights'
  • It is almost impossible to disinherit a spouse in Scotland
  • Different 'prior rights' and 'legal rights' are available to widows in Scotland
  • No court storage facilities exist for wills.

Do not put it off: it's easy to write your will now

Regardless of the differences between English and Scottish law, the consequences of not writing a legal will are equally distressing on either side of the border.

Fortunately, as part of its online Your Will and Documents product, The Well Planned Funeral offers two will-writing services. They're easy to use and one of them is free. In just a few minutes, you could do what two-thirds of the UK population hasn't done and prepare your own will.

Other Points to Consider

You may be surprised at how little the cost of a will is. Have you thought about living wills which will speak on your behalf if you cannot due to illness or injury? With regard to this, appointing powers of attorney can make sure your affairs are handled in the way you would want them to be.