Making a Will: What to Consider and Why It Matters

Making a will is one of those tasks that stays on the list indefinitely. It feels morbid, it feels like something for later, and nothing bad happens while it remains undone.

The difficulty is that the consequences fall entirely on other people, at the worst possible moment, and some of them are difficult or impossible to fix afterwards.

Here is what to consider. This is general information rather than legal advice, and anything complicated warrants a solicitor.

Without a will, the law decides.

If someone dies without a valid will, they die intestate, and their estate is distributed according to statutory rules rather than their wishes.

Those rules follow a fixed order of priority based on relationships, and they take no account of what anyone intended or of promises made during a lifetime.

The most important consequence is one many people do not know: an unmarried partner inherits nothing under the intestacy rules in England and Wales, regardless of how long the couple lived together or whether they had children.

There is no such thing as a common law spouse in this context. A cohabiting partner of thirty years has no automatic entitlement, and may have to bring a claim through the courts to receive anything.

Stepchildren are not automatically included either, unless legally adopted.

Marriage and divorce affect existing wills.

Marriage or civil partnership generally revokes an existing will in England and Wales, unless the will was specifically made in contemplation of that marriage.

That means a will written before a wedding is typically void afterwards, which catches out a great many people who assume it still stands.

Divorce does not revoke a will, but it generally treats a former spouse as having died before you for the purposes of gifts and appointments within it. The precise effect depends on the wording, which is why reviewing a will after divorce matters.

Think about who does the work.

A will appoints executors, the people responsible for administering the estate. It is a substantial job involving valuing assets, settling debts, dealing with tax and distributing what remains.

Choose people who are organised, likely to outlive you and willing to do it. Appointing more than one provides cover, and executors can instruct a solicitor to do the heavy lifting, paid from the estate.

Being an executor is not obligatory, and a person named can decline. Discussing it beforehand avoids surprises.

Guardianship is the most important clause for parents.

For anyone with children under eighteen, appointing guardians is arguably the single strongest reason to make a will.

Without an appointment, decisions about who cares for children may ultimately be made by the courts. A will allows parents to say clearly who they want.

Talk to the people concerned first. Ensure they are willing and able, and consider whether financial provision needs to be made so that caring for the children does not create hardship.

Consider what you actually own.

Before writing anything, list assets and liabilities. Property, savings, pensions, investments, vehicles, personal possessions of value and any debts.

Note that some assets pass outside a will. Property held as joint tenants passes automatically to the surviving joint owner, and most pension death benefits are distributed at the discretion of the scheme trustees, guided by an expression of wish form.

That form is important and frequently forgotten. Keeping it up to date with your pension provider matters as much as the will itself.

Digital assets and online accounts are increasingly worth addressing, and leaving clear information about their existence helps executors enormously.

The formalities must be right.

For a will to be valid in England and Wales it must generally be in writing, signed by the person making it in the presence of two witnesses, who then sign in their presence.

Witnesses must not be beneficiaries or the spouse or civil partner of a beneficiary. A gift to a witness is void, even though the will itself remains valid.

That single rule causes a substantial number of problems with home-made wills, along with unclear wording, unsigned amendments and pages going missing.

Choose how to make it.

Options range from DIY kits and online services to will-writing companies and solicitors. Cost rises accordingly, and so, generally, does protection if something goes wrong.

A solicitor is worth using where circumstances are anything other than simple: business interests, property abroad, a blended family, a beneficiary with a disability, potential inheritance tax exposure or any likelihood of a dispute.

Some charities run free or discounted will schemes at certain times of year, and some employers offer will-writing as a benefit.

Store it where it can be found.

A will nobody can locate is of limited use. Keep the original safe, with a solicitor, at a bank or in a national will register, and tell your executors where it is.

Keep a note of the location with your important papers. Do not staple or attach anything to the original, as marks suggesting a removed document can raise questions during probate.

Review it periodically.

A will is not a one-off task. Review it after any significant change: marriage, divorce, a birth, a death, buying property, or a substantial change in finances.

A general review every five years is sensible even without a specific trigger.

Amendments are made by codicil or, more commonly and more safely, by making a new will that revokes the previous one. Crossing things out on the original document does not work and can invalidate it.

The practical value is simple.

Most of the benefit is not financial. It is the difference between grieving relatives following clear instructions and grieving relatives guessing, arguing or waiting months for the courts.

For unmarried couples in particular, the difference is stark and entirely avoidable.

Citizens Advice offers free general guidance, and the Law Society maintains a directory for finding a solicitor locally.

Share your thoughts.

Were you aware that unmarried partners inherit nothing without a will?