Making a Will: Your Complete Guide
Protect What Matters Most With a Professionally Prepared Will
Protect What Matters Most With a Professionally Prepared Will
Making a Will is one of the most important steps you can take to protect the people, property and possessions that matter to you.
Whether you are buying your first home, starting a family, building your savings or simply want to make sure your affairs are in order, a professionally prepared Will gives you greater control over what happens to your estate when you die.
Please note: This guide relates to the law in England and Wales. The rules in Scotland and Northern Ireland are different.
A Will allows you to set out your wishes for your estate and choose the people you want to deal with your affairs.
Without a valid Will, your estate will generally be distributed under the rules of intestacy. These are fixed legal rules that may not match what you would have wanted.
Making a Will can allow you to:
A Will can also help reduce uncertainty and potential disagreements for your loved ones at an already difficult time.
A Will is a legal document that sets out your wishes for what should happen to your estate after your death.
Your estate generally includes everything you own, such as property, savings, investments and personal possessions, after any debts or liabilities have been taken into account.
Every person's circumstances are different, which is why a Will should be tailored to your individual family and financial situation.
Your Will can be reviewed and updated as your circumstances change.
Depending on your circumstances, your Will can deal with a wide range of matters, including:
You can decide who you would like to benefit from your estate and, where appropriate, how much they should receive. This can be particularly important if you have children from previous relationships, an unmarried partner, stepchildren or other family members you wish to provide for.
Your executors are the people you appoint to deal with your estate after your death. They may be responsible for dealing with your assets and liabilities, applying for probate where necessary, and distributing your estate according to your Will. Choosing appropriate executors is an important part of making a Will.
If you have children under 18, your Will can include your wishes regarding guardianship. This can help provide clarity about who you would want to care for your children if both parents or those with parental responsibility were to die.
You can leave particular possessions, sums of money or other assets to named people. This could include jewellery, family heirlooms, personal possessions or gifts of money.
If there are charities or causes that are important to you, your Will can include charitable gifts. Charitable giving can also have potential Inheritance Tax implications, depending on the circumstances.
A Single Will is prepared for one individual and sets out their personal wishes regarding their estate. It can be suitable for anyone who wants to put their own estate planning arrangements in place.
Mirror Wills are two separate Wills, usually prepared for a couple, that contain broadly similar wishes. For example, a couple may each leave their estate to the other, with the estate ultimately passing to their children or other chosen beneficiaries.
It is important to understand that Mirror Wills are still two separate legal documents. There is no single joint Will for a couple.
Dying without a valid Will is known as dying intestate.
When someone dies intestate, their estate is distributed according to the legal rules of intestacy rather than according to their personal wishes.
This can create particular difficulties for unmarried couples, blended families and people who want to leave assets to friends, stepchildren or charities.
For example, an unmarried partner does not automatically inherit simply because they have lived with the deceased for many years.
The rules of intestacy are also not designed to reflect every family's individual circumstances.
Making a Will gives you the opportunity to make your wishes clear and put appropriate arrangements in place.
"My spouse will automatically inherit everything."
Not necessarily. The outcome under the intestacy rules depends on the circumstances and value of the estate, including whether there are children. If you want to control who inherits your estate and in what proportions, making a valid Will is important.
"I don't have enough money to need a Will."
A Will isn't only about the size of your bank account. It can help you make arrangements concerning your home, personal possessions, children, beneficiaries and the people you want to administer your estate.
"I can just write my own Will."
It is possible to make your own Will, but mistakes in preparation or execution can create serious problems. A Will needs to meet specific legal requirements to be valid. Poorly drafted or incorrectly executed Wills can create uncertainty, disputes and additional costs for your loved ones. Professional Will writing can help reduce these risks.
"Common law marriage protects my partner."
There is no legal status of "common law marriage" in England and Wales that automatically gives an unmarried partner the same inheritance rights as a spouse or civil partner. If you live with a partner but are not married or in a civil partnership, it is particularly important to consider how your estate would be dealt with if you died.
"Once I've made my Will, I never need to look at it again."
Your Will should be reviewed periodically and whenever your circumstances change. Marriage, divorce, separation, having children or grandchildren, buying or selling property, changes in your finances and changes to your family circumstances can all be reasons to review your estate planning.
Important note: Getting married or entering a civil partnership usually revokes an existing Will automatically (unless the Will was specifically made in contemplation of that marriage or civil partnership). This is one of the most common reasons people need to make a new Will.
At Swift Legacy Estate Planning Consultancy, we make the process of making a Will straightforward, personal and easy to understand. Our experienced consultants take the time to understand your circumstances, explain your options in plain English and help you put appropriate arrangements in place for the future.
Whether you need a straightforward Single Will or Mirror Wills for you and your partner, we can explain the differences and help you understand which type of Will may be appropriate for your circumstances.
We start with a relaxed, no-obligation conversation about your family, circumstances and what you want to achieve.
We'll explain the options available to you and recommend the most appropriate Will and estate planning arrangements for your circumstances. You'll receive clear information about the costs involved before proceeding.
Your Will is prepared around your individual circumstances and wishes. We'll take you through the document and make sure you understand what it means before it is finalised.
Your Will must be correctly signed and witnessed to be legally valid, normally in the presence of two adult witnesses who then also sign it. We can help ensure your documents are securely recorded and that your executors know where the original can be located.
At Swift Legacy Estate Planning Consultancy, we believe Will writing should be transparent and straightforward. Your consultant will discuss your circumstances with you and explain which option may be appropriate, you will know the cost before you proceed.
Prices include VAT, drafting, independent legal vetting, National Will Register registration and secure storage for the first 12 months, subject to the terms of the service.
Choosing someone to help with your Will is an important decision. At Swift Legacy, we focus on making estate planning understandable, personal and accessible. Our approach is based on:
Make Your Will With Swift Legacy
Making a Will doesn't have to be complicated. We help you understand your options, make informed decisions and put appropriate plans in place to protect the people and assets that matter most. Take the first step towards protecting your family's future.
This article is provided for general information only and does not constitute legal, financial or tax advice. Individual circumstances vary, and appropriate professional advice should be obtained where required.
Book a free, no-obligation consultation and let's talk about making your Will.