Making a Last Will and Testament is one of the most important things you can do to protect your loved ones and ensure your wishes are followed after your death. Despite this, many people put it off because they believe they are too young, don’t own enough assets or simply don’t know where to start.
At AFG Law, our friendly and experienced Private Client team is often asked the same questions about Wills. Below, we’ve answered some of the most common queries people ask when planning for the future.
What is a Last Will and Testament?
A Last Will and Testament is a legal document that sets out what should happen to your money, property and possessions after you pass away.
It allows you to decide:
- Who should inherit your estate.
- Who will act as your personal representative (executor).
- Who should care for any minor children you may leave behind.
- Whether you want to leave specific gifts to family, friends or charities.
Without a Will, these decisions may be made according to the laws of intestacy rather than your wishes.
Do I Really Need a Will?
For most people, you do need a Will. This is because a Will gives you certainty and forms an important part of estate planning. It can help reduce disputes between family members, make the probate process more straightforward and ensure the people you want to benefit from your estate are provided for.
Even if your circumstances seem simple, having a professionally prepared Will can provide valuable peace of mind.
What Happens if I Die Without a Will?
If you die intestate, or die without a valid Will, your estate will be distributed according to the intestacy rules in England and Wales. These rules set out who inherits your estate and in what order, regardless of what you may have wanted.
This means your money, property and possessions may not end up with the people you would have chosen. For example, unmarried partners do not automatically inherit under the intestacy rules, regardless of how long you have been together or whether you have shared a home for many years. This is one of the most common misconceptions we come across. Without a Will, your partner could find themselves without the financial protection you intended.
The intestacy rules can also create unexpected outcomes for blended families. Stepchildren will not inherit unless they are specifically provided for in a legally valid Will. In some circumstances, this can lead to disputes between family members or even legal claims against the estate.
Dying without a Will can also make the administration of your estate more complicated and stressful for those left behind. Having a professionally prepared Will allows you to decide who should inherit, who will deal with your estate and, if you have young children, who you would like to care for them. It gives you control over what happens after your death, rather than leaving those important decisions to the law.
Who Can Make a Will?
To make a legally valid Will in England and Wales, you must:
- Be at least 18 years old.
- Be of sound mind.
- Understand the nature and effect of making a Will.
- Make the Will voluntarily.
There are limited exceptions for members of the armed forces, but these do not apply to most people.
What Makes a Will Legally Valid?
To be legally binding, a Will must meet certain legal requirements.
It must:
- Be made by someone with mental capacity.
- Be signed by the person making it.
- Be properly completed through signing and witnessing by two independent witnesses who are present at the same time.
Failure to follow these rules could mean the Will is declared invalid.
Can I Leave My Estate to Anyone I Choose?
In most cases, yes, you can. You are generally free to decide who should inherit your estate, whether that’s family members, friends or charities.
However, there are circumstances where someone who was financially dependent upon you may be able to bring a claim against your estate if they believe reasonable financial provision has not been made.
Seeking legal advice can help ensure your Will reflects your wishes while reducing the risk of future disputes.
Should I Leave Gifts in my Will?
Many people choose to leave specific gifts in their Will.
These might include:
- Jewellery.
- Family heirlooms.
- Cash gifts.
- Property.
- Personal possessions.
Being clear about these gifts can help avoid uncertainty and disagreements after your death.
Who Should I Choose as My Executor?
Your executor, also known as your personal representative, is the person responsible for carrying out the instructions in your Will and administering your estate after your death.
This is an important role and can involve a number of responsibilities, including:
- Applying for probate.
- Collecting your assets.
- Paying any outstanding debts.
- Settling any inheritance tax that may be due.
- Closing bank accounts and dealing with financial institutions.
- Distributing your estate to your beneficiaries in accordance with your Will.
Acting as an executor can be time-consuming, particularly if the estate is complex or there are multiple beneficiaries. While many people choose a spouse, adult child or another trusted family member, it is important to appoint someone who is organised, reliable and willing to take on the responsibility.
In some cases, clients choose to appoint a solicitor as a professional executor, either on their own or alongside a family member. This can be particularly helpful where the estate is substantial, there are business interests involved, family relationships are strained, or you simply want the reassurance that the estate will be administered by someone with experience of the probate process.
Whoever you choose, it is sensible to discuss the appointment with them beforehand to ensure they are happy to accept the role if the time comes.
Can I Appoint Guardians for My Children?
Yes. If you have minor children, your Will allows you to nominate the people you would like to care for them if both parents die before they reach adulthood.
For many parents, this is one of the most important parts of making a Will. While it can be difficult to think about, choosing guardians yourself means you can make an informed decision about who would raise your children if the worst were to happen.
When deciding who to appoint, you may wish to consider factors such as the person’s relationship with your children, their age, health, values, where they live and whether they are willing and able to take on such a significant responsibility.
Although the court will always make decisions based on a child’s best interests, naming your preferred guardians in your Will provides clear evidence of your wishes and can help avoid uncertainty or disagreements between family members.
If your circumstances change, such as your children getting older or your chosen guardians no longer being suitable, it is important to review your Will to ensure it continues to reflect your wishes.
What Happens If My Circumstances Change?
Your Will should be reviewed whenever significant major life events occur.
These might include:
- Marriage or divorce.
- Having children or grandchildren.
- Buying or selling property.
- Receiving an inheritance.
- Starting a business.
- Changes to your financial circumstances.
Keeping your Will up to date helps ensure it continues to reflect your wishes.
Can I Change My Will?
Yes. As long as you still have mental capacity, you can update or replace your Will whenever your circumstances change.
A new Will will usually include wording confirming that you revoke all previous wills and codicils, ensuring only your most recent wishes take effect.
Does Marriage Affect My Will?
In many cases, yes. Getting married or entering into a civil partnership will usually revoke an existing Will unless it was specifically made in contemplation of that marriage or civil partnership.
This means it is sensible to review your Will whenever your relationship status changes.
Will I Have to Pay Inheritance Tax?
Not every estate pays inheritance tax. Whether tax is payable depends on the value of your estate, the available allowances and who inherits your assets.
Good estate planning can often help families make full use of available exemptions and reliefs. A solicitor can advise on the options available based on your individual circumstances.
Do I Need a Solicitor to Make a Will?
Although it is possible to prepare your own Will, mistakes can have serious consequences.
Poorly drafted Wills can create uncertainty, increase the risk of disputes and, in some cases, result in part or all of the Will being invalid.
At AFG Law, we regularly advise families where homemade Wills have led to unnecessary complications during the probate process.
Professional advice helps ensure your wishes are recorded clearly and that your Will complies with all legal requirements.
How AFG Law Can Help
Making a Last Will and Testament doesn’t have to be complicated. At AFG Law, our experienced Private Client solicitors provide straightforward, practical advice to help you plan for the future with confidence.
We can assist with:
- Preparing a professionally drafted Will.
- Estate planning.
- Reviewing existing Wills.
- Inheritance tax planning.
- Probate and estate administration.
- Lasting Powers of Attorney.
Whether you’re making your first Will or reviewing an existing one following a major life event, we’re here to help ensure your wishes are protected and your loved ones are provided for.
Planning ahead today can make a significant difference for your family tomorrow.