Will writing

Why a will matters

If you die without a will, the intestacy rules decide who inherits your estate. They take no account of what you wanted, who depended on you, or who you had fallen out with. An unmarried partner inherits nothing under those rules, however long you lived together. Stepchildren you raised inherit nothing. And the people left behind have to work through the consequences at the worst possible moment.

A will replaces all of that with your own instructions.

What a valid will requires

The formalities come from the Wills Act 1837 and they are unforgiving. The will must be in writing and signed by you, with the intention of giving effect to it. Your signature must be made or acknowledged in the presence of two witnesses who are both present at the same time, and each of them must then sign in your presence.

Get any part of that wrong and the will may fail entirely. A common and costly error is asking a beneficiary, or a beneficiary's husband or wife, to witness — the will remains valid but their gift is void.

What your will can do

• Say who inherits, in what shares, and what happens if a beneficiary dies before you
• Appoint executors to carry out your wishes
• Appoint guardians for children under 18
• Create a trust for children, a vulnerable relative, or a second family
• Leave a gift to charity, which may also reduce inheritance tax on your estate
• Record funeral wishes and the location of your important documents

Life events that change everything

Marriage or civil partnership revokes an existing will automatically, unless it was made in express contemplation of that marriage. Divorce does not revoke your will, but your former spouse is treated as having died before you — which can leave your estate without an executor or a residuary beneficiary if nobody thought about it.

Review your will after a marriage, a divorce, a birth, a death, a house purchase, or a move abroad. Every few years otherwise.

How we work

We take proper instructions, in person or by video, and we ask about the things people forget: business interests, foreign property, pensions and life policies that pass outside the estate, and promises made to family members. We draft, we explain the draft in plain terms, and we supervise signing so the formalities are right. We store the original safely and tell you exactly where it is.

Your will is drafted and checked by a qualified solicitor, regulated by the SRA. You will know who that person is.

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