What to Consider Before Making a Will in England and Wales
Why make a will?
A will is one of the most important documents you can prepare. It sets out how you wish your estate to be distributed after your death and allows you to appoint executors to administer your affairs.
Without a valid will, your estate will be distributed according to the rules of intestacy, which may not reflect your wishes — particularly if you have unmarried partners, stepchildren, or specific charitable intentions.
Choosing your executors
Executors are responsible for administering your estate, including gathering assets, paying debts and taxes, and distributing inheritances. Choose someone you trust who is capable of handling administrative tasks.
Many people appoint a spouse, adult child, or professional adviser. You can appoint more than one executor, and it is sensible to name a substitute in case your first choice is unable to act.
Guardians and dependants
If you have children under 18, your will is the place to appoint guardians who would care for them if both parents died. This is a decision that deserves careful thought and discussion with those involved.
You should also consider how any dependants with special needs will be provided for, as a straightforward inheritance may affect their entitlement to means-tested benefits.
Distributing your estate
Think carefully about who should benefit from your estate and in what proportions. Consider specific gifts of property, jewellery, or sentimental items, as well as the division of your residuary estate.
If you wish to exclude someone who might expect to inherit, seek legal advice. Such provisions can be challenged, and careful drafting is essential.
Keeping your will up to date
Review your will after significant life events — marriage, divorce, the birth of children, or acquiring substantial assets. An outdated will may not reflect your current circumstances or wishes.
Store your will safely and tell your executors where it is held. Many solicitors offer will storage services for clients.
This article is general information only and does not constitute legal advice.
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