Will Writing

From 18 you can legally make a will, and from that point everything you own, savings, a car, a deposit pot, a pension lump sum, can pass under your wishes rather than the intestacy rules. A will also lets you name guardians for any children you have later, appoint executors you actually trust, and leave gifts to friends or charities who would otherwise receive nothing. Most people assume wills are for the wealthy or the elderly, but the real value is control: without one, the state decides who gets what and who manages it.

You die intestate and the Administration of Estates Act 1925 sets a fixed order of who inherits. If you are married or in a civil partnership with no children, your spouse takes everything. If you have children, your spouse takes the first £322,000 plus personal possessions, and the rest is split half to the spouse and half between the children. Unmarried partners, however long you have lived together, receive nothing automatically and must apply to court under the Inheritance Act. Stepchildren you have not adopted are also excluded. Scotland uses a different system, so the figures and order differ.

Under the Wills Act 1837 a valid will must be in writing, signed by you (the testator) in the presence of two independent adult witnesses, and then signed by those witnesses in your presence. You must be 18 or over (or in active military service), of sound mind and acting voluntarily. You can write it yourself, use a template, or instruct a will writer or solicitor. The legal validity is the same whoever drafts it, but a professional reduces the risk of ambiguous wording, a missing residue clause or improper execution that could see your estate distributed against your wishes.

You need two mentally capable adult witnesses (18 or over), both present at the same time when you sign or acknowledge your signature. Crucially, a witness cannot be a beneficiary, nor the spouse or civil partner of a beneficiary. If they are, the will stays valid but that person loses their gift entirely under section 15 of the Wills Act 1837. Safe choices are neighbours, work colleagues or family friends who are not named anywhere in the document.

Executors administer your estate after you die. They locate the will, register the death, apply for probate, value the assets, pay any debts and inheritance tax, deal with HMRC and the Department for Work and Pensions, then distribute what is left to your beneficiaries in line with the will. You can appoint between one and four executors, ideally a mix of people you trust personally and, for larger or more complex estates, a professional such as a solicitor or accountant. Executors can also be beneficiaries, and most people choose a spouse or adult child plus a backup.

Yes, and you absolutely should if you have children under 18. A guardian named in your will takes legal responsibility for raising your children if both parents with parental responsibility have died. Without nominated guardians, the family court decides, which can mean delays, family disputes or children being placed in local authority care while matters are resolved. Always speak to your chosen guardians first so they accept the role, and consider leaving funds in a trust within the will to support them.

The residue is everything left in your estate after specific gifts, debts, taxes and expenses are paid. A residue clause says who inherits that remainder. Without one, the residue passes under the intestacy rules even though you have a will, a result known as partial intestacy that often splits the estate in ways the deceased never intended. Most professionally drafted wills make a few specific gifts and then leave the residue, usually the bulk of the estate, to a named primary beneficiary with substitutes in case they die first.

Mirror wills are two near-identical wills made by a couple, typically leaving everything to each other on first death, then to the same beneficiaries (usually their children) on second death. They are popular because they are straightforward, cost less than two separate complex wills, and reflect a shared plan. They are not, however, binding on the survivor: after the first death the survivor can change their will, remarry (which revokes the existing will) or spend the inheritance. Couples who want to lock in the plan, especially in blended families, often add a life-interest trust or use mutual wills with a binding agreement.

A Lasting Power of Attorney (LPA) lets someone you trust make decisions for you if you lose mental capacity through dementia, stroke, brain injury or other illness. A will only takes effect after you die; an LPA covers the gap while you are alive but unable to manage your own affairs. Without one, your family must apply to the Court of Protection for a deputyship order, which is expensive, slow (often six months or more) and supervised by the court for life. Most advisers recommend putting LPAs in place at the same time as your will.

There are two separate LPAs and you can make one or both. A Property and Financial Affairs LPA covers bank accounts, paying bills, claiming benefits, managing investments and buying or selling property, and can be used (with your permission) while you still have capacity. A Health and Welfare LPA covers medical treatment, care home placement, daily routine and life-sustaining treatment, and can only be used once you lack capacity. Both are registered with the Office of the Public Guardian and cost £82 each, with fee remission available on a low income.

No. You can make an LPA yourself using the official forms on GOV.UK and register it directly with the Office of the Public Guardian. The registration fee is £82 per LPA, with exemptions or reductions for people on means-tested benefits or a low income. That said, an LPA is one of the most powerful documents you will ever sign, so many people prefer professional help, especially where family relationships are complex, where you want to include specific instructions, or where you want to appoint multiple attorneys with joint and several powers.

Yes, review your will at least every five years and after any major life event: marriage, divorce, a birth, the death of a beneficiary or executor, a large change in your assets, or moving country. A codicil is a short legal document that amends one or two clauses of an existing will and must be signed and witnessed with the same formality. Codicils suit minor tweaks, such as changing an executor or adding a small gift. For anything more substantial, draft a new will that expressly revokes all previous wills and codicils, as overlapping documents are a common source of probate disputes.

Yes. In England, Wales and Northern Ireland, marriage or entering a civil partnership automatically revokes any earlier will under section 18 of the Wills Act 1837, unless the will was specifically made in contemplation of that marriage. This catches a lot of people: they write a will leaving everything to a partner, then marry, and the existing will is wiped, leaving them intestate without realising. If you are about to marry, either include an express contemplation clause or re-execute your will after the ceremony. Scotland does not have this rule, a key cross-border difference.

Everyone currently has a nil-rate band of £325,000, so the first £325,000 of an estate is free of inheritance tax, with anything above taxed at 40%. Leave your main home to direct descendants and you may also use the residence nil-rate band of up to £175,000, taking a couple to a combined threshold of up to £1 million. Wills can incorporate trusts (discretionary, life-interest or nil-rate band discretionary trusts) to ring-fence assets for children from a previous relationship, protect against future care fees, or capture allowances on first death. IHT planning often combines a well-drafted will with lifetime gifts, life insurance written in trust, and pension nominations.

A modern will should account for digital assets: cryptocurrency, online accounts with stored value, photo libraries, social media and domain names. Most platforms require executors to prove identity and authority, so leave clear instructions on access, kept separate from the will for security. Funeral wishes can be written into the will but are not legally binding on executors, so also tell your family directly or use a funeral plan. Charitable gifts are free of inheritance tax, and if you leave at least 10% of your net estate to charity, the IHT rate on the rest drops from 40% to 36%.