Use this guide if you do not have a will, or your circumstances have changed through a new relationship, a child, a separation or buying a home. It is general information, not legal advice; for anything complicated speak to a solicitor or regulated will writer.
Step by step
List what you own and owe
Write down your property, savings, pensions, life insurance, vehicles and valuable items, plus any mortgage or loans. Note whether things are in your sole name or jointly owned, as this affects how they pass on. Check pensions and life insurance for separate nomination forms.
Decide who should benefit
Think about partners, children, other relatives, friends and any charities. If you have a partner you are not married to or in a civil partnership with, they may not inherit automatically without a will. Decide what should happen if someone you name dies before you.
Choose executors and guardians
Pick one or more executors you trust to sort out your affairs, and ask them first. If you have children under 18, think about who you would want as their guardian. Name backups in case your first choice cannot act.
Choose how to write it
A solicitor or regulated professional will writer is sensible if you own a business, have property abroad, have a blended family or want to set up a trust. Some charities run free or low-cost will schemes. Do-it-yourself kits exist, but mistakes can make a will invalid.
Sign it correctly
In England and Wales, a will must be signed in front of two independent adult witnesses who are present at the same time and who also sign it. A witness should not be a beneficiary or married to or in a civil partnership with a beneficiary, or that person could lose their gift. Follow your adviser's instructions exactly.
Store it and keep it up to date
Keep the original somewhere safe, such as with your solicitor or a will storage service, and tell your executors where it is. Review it after major life events such as marriage, divorce, a new child or moving house. Marriage or civil partnership can cancel an existing will in England and Wales, so get advice if you are planning either.
Ready-to-use checklist
- Assets and debts listed
- Joint ownership checked
- Pension nominations checked
- Beneficiaries decided
- Executors asked and agreed
- Guardians chosen for children
- Will signed with two independent witnesses
- Executors told where the original is kept
Practical tips
- Write a separate letter of wishes for personal items and funeral preferences, and keep it with the will.
- Rules in Scotland and Northern Ireland differ, so get advice where you live.
- Check inheritance tax thresholds on GOV.UK rather than relying on figures you have heard.
Common problems
I cannot decide how to divide things between my children.
Write down your reasons and discuss the options with a solicitor, who can explain the practical effects. A will can always be updated later if your situation changes.
My executor has moved abroad or does not want the role.
Choose someone else and update your will. Naming a backup executor avoids this problem in future.
I made a will years ago and cannot find it.
Check with the solicitor or bank you used and any will storage service. If it cannot be found, make a new will, which should state that it revokes any earlier wills.
This guide gives general information, not personal legal, financial or medical advice. Rules and prices change, so check the current position with the official service before acting.
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