Five things to decide before you write your will
· WillWay
Most people put off writing a will not because it's difficult, but because it feels like a big, vague task. In practice, a straightforward will comes down to a handful of clear decisions. If you think them through first, the writing part is quick.
Here are the five we'd suggest settling before you begin.
1. Who will deal with your estate
Your executors are the people who will carry out your wishes: gathering what you own, paying any debts and passing things on to the people you've chosen. Many people choose a partner, an adult child or a trusted friend, and name a second person in case the first can't act.
It's worth asking them before you name them. It's a responsibility, and most people appreciate being asked.
2. Who you want to benefit
Make a simple list of the people, and any charities, you'd like to leave something to. Then think about how you'd like everything that's left to be shared: equally, or in particular proportions.
It also helps to think about what should happen if one of those people dies before you. A will that covers this is much less likely to leave gaps.
3. Who would look after your children
If you have children under 18, you can name the people you'd want to look after them. It's often the decision that matters most to parents, and one that's far better made calmly now than left unanswered.
4. Any particular gifts
You may want a specific person to have a fixed sum of money or a particular item, such as a piece of jewellery, a watch or a painting. Describe each item clearly enough that there can be no doubt which one you mean.
5. Where your will will be kept
Once your will is signed and witnessed, it needs to be kept somewhere safe, and your executors need to know where to find it. A will that can't be found can't be followed.
Then, sign it properly
A will doesn't take effect just because it has been written or printed. It has to be signed and witnessed correctly. As a general rule in England and Wales, you sign in front of two independent adult witnesses who are both present at the same time, and they then sign too. A witness shouldn't be someone who benefits from your will, or the husband, wife or civil partner of someone who does. Your WillWay document comes with step-by-step signing guidance.
It's also worth knowing that marriage or civil partnership generally cancels an existing will in England and Wales, so a big life change is a good moment to look at yours again.
Is WillWay right for you?
WillWay is designed for straightforward wills for adults in England and Wales. You start with a short eligibility check, answer a guided questionnaire in plain English, and only pay at the end. If your situation is more complex, for example a business, property abroad, trusts or tax planning, or a family situation that may be disputed, we'll say so, and a private-client solicitor is the better choice.
WillWay is not a law firm and does not give legal advice. This article is general information, not advice about your own circumstances.