Making a Will

Writing a Will that accurately reflects your wishes is not easy. It requires an extensive knowledge of an ever-changing taxation system, and of the laws that apply to estates.

A worry-free future

Having worked hard to earn a living and to gather around you the things you enjoy, you will want them to be appreciated by those to whom you leave them. Writing a Will enables you to plan what will happen to your money and possessions (your estate), so you can live the rest of your life without worrying about the future.

Your Will is a good way of letting people know whether you would prefer to be buried or cremated and the type of funeral service and music you would like at your funeral.

Dying without a Will

Dying intestate (not leaving a Will) would cause those who will have to deal with your affairs a lot of problems, because they may not be sure of how you want your estate distributed after your death. They will be obliged by law to deal with the estate and distribute it in a particular way, which may not be what you would have chosen.

Disputes over Wills can drive families apart and may need a lawyer to resolve them. Leaving a Will removes any doubt about to whom you want to leave your money and property.

If you do not take professional advice about how best to plan your financial affairs before your death, and leave a properly drafted Will, it is possible that some of your estate will go to the Government in unnecessary tax, especially Inheritance Tax.

Making a valid Will

Certain requirements must be met for a Will to be valid:

• It must be in writing
• it must be signed and witnessed
• you must be over 18 when you make it
• you must have the mental capacity to make the will and understand the effect it will have
• you must not have made it as a result of pressure from someone else.

The beginning of the Will should state that this will revokes all others. If you have an earlier Will it should be destroyed.

Seeking legal advice

Unless your Will is going to be very simple it is advisable to consult a solicitor, especially if you intend to leave significant sums to people other than those who might expect to inherit, eg husband, wife or children; or if you own foreign property or your own business.

A solicitor may be prepared to visit you in your own home, care home or hospital. The cost of making a will varies according to its complexity. Ask at the outset what the cost will be. The Citizens Advice Bureau (CAB) (see 'Useful website') should be able to provide a list of local solicitors.

 Download the Making a Will factsheet (PDF 185 KB)

Download the Arranging for someone to make decisions about your finance or welfare factsheet (PDF, 312 KB)

Download the Advance decisions, advance statements and living Wills factsheet (PDF 181 KB)