If you want your belongings to be distributed according to your wishes when you pass away, it makes sense to leave a will which spells out in a legally binding document who you want to benefit from your estate.

However, according to research, three in five UK adults – equating to around 31 million people – have not yet made a will, with many feeling it is unnecessary to have one, while others simply do not understand the will-making process.

What happens if I die without making a will?

Your property will be distributed to your family members according to the strict laws of intestacy, leaving no scope to bequeath gifts to charity or close friends. If you have no living relatives, all your possessions will pass to the government.

How do I know my will is valid?

Under the Wills Act 1837, a will is only legally valid if it is: in writing; made by a person aged 18 years old or over; made without duress from someone else; made by a person of sound mind; and signed by the person making it in the presence of two witnesses.

Who ensures the terms of my will are carried out?

You can name one or more executors in your will to manage your estate after you pass away and ensure all instructions made in your will are carried out.

They will also ensure any outstanding debts and inheritance tax liabilities are paid, arrange your funeral and inform all relevant bodies and individuals of your death.

You can choose a trusted family member or friend to serve as your executor or you can appoint a professional, such as a solicitor.

Can executors and witnesses be named as beneficiaries?

Executors can inherit under your will, but those who witness your will and their spouse or civil partner are not allowed to benefit from it. If witnesses are named in the will, the will is still valid, but the witnesses will not be allowed to inherit.

How do I ensure my children are looked after when I pass away?

An important reason why many parents make a will is to appoint someone as a guardian to look after their children after they are gone. If you have parental responsibility, and no-one else has parental responsibility for any children you have aged under 18, you can appoint a guardian of your choice to care for your kids until they reach adulthood.

You can also, of course, name your children as beneficiaries in your will, but if they are very young it may be sensible to set up a trust within the will, naming reliable people as trustees to manage the money until your children reach a specified age when you think they will be responsible enough to receive their inheritance.

Can I change my will?

If your circumstances change during your lifetime, for example, you remarry or a beneficiary dies, you are perfectly entitled to change your will. If you want to make big changes, it is sensible to replace the existing will altogether. Small changes can be changed by codicil, a legal document which is stored alongside your will which outlines the changes you want made.

Can my will be challenged?

Anyone is entitled to challenge your will. They may claim it is invalid because it was not drawn up properly or that you made it under duress or when you were not of sound mind.

Can I exclude someone from my will?

A will is more likely to be challenged if someone who could reasonably expect to benefit from the will is excluded. It is up to you who you include in your will, but if you are excluding a close relative, for example, there are steps you can take to minimise the risk of challenge, such as leaving a written statement to be stored with your will explaining why they have been excluded, or leaving them a token gift, such as a small amount of cash, to show they were not just forgotten.

How can a solicitor help?

Our experienced wills solicitors will ensure your will is drawn up to your wishes and is legally binding. They can draw up any required trusts and help you choose the best executors, or act as an executor for you.

They will also store your will free of charge so there is no problem for loved ones of finding your will when you pass away.

For more information on wills, or any other private client issue, contact us.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.