What is a will?
A will is a legal document that sets out your wishes for what happens to your possessions, property, and money (collectively called your "estate") after you die. It allows you to:
- Decide who inherits your assets
- Appoint people you trust to carry out your wishes (executors)
- Name guardians for any children under 18
- Leave specific items to specific people
- Make gifts to charities
- Potentially reduce the inheritance tax your estate pays
Without a will, the law decides who inherits your estate through rules called "intestacy." This may not match your wishes at all.
Who needs a will?
The short answer: almost everyone. A will is particularly important if you:
- Own property — Even jointly owned property can have complications
- Have children under 18 — Only a will lets you choose their guardians
- Are unmarried but living with a partner — Cohabiting partners have no automatic inheritance rights
- Are married but have children from a previous relationship — Blended families need careful planning
- Own a business — Succession planning is essential
- Want to leave money to charity — This can also reduce inheritance tax
- Want to exclude someone — Without a will, certain relatives inherit automatically
Common misconception: "My spouse will get everything anyway." This isn't always true. Under intestacy rules, if you have children, your spouse may only receive the first £322,000 plus half of the remainder.
What to include in your will
A well-drafted will typically covers:
Your residuary estate
This is everything left over after debts, expenses, and specific gifts. Most wills leave the residuary estate to a spouse, partner, or children. You can specify percentages if leaving to multiple people.
Specific gifts (legacies)
You can leave specific items or amounts of money to named people or organisations. For example:
- "I leave my wedding ring to my daughter Sarah"
- "I leave £5,000 to Cancer Research UK"
- "I leave my car to my nephew James"
Executors
The people responsible for carrying out your will (see below).
Guardians
Who should care for your children if both parents die (see below).
Funeral wishes
While not legally binding, you can express preferences for burial or cremation, type of service, or any specific requests.
Choosing your executors
Executors are the people responsible for administering your estate after you die. Their duties include:
- Locating and valuing your assets
- Applying for probate (the legal authority to deal with the estate)
- Paying any debts, bills, and taxes
- Distributing the estate according to your will
You can appoint up to four executors. Consider choosing:
- Family members or close friends — They know you and your wishes, but check they're willing to take on the responsibility
- Professional executors — Solicitors or specialist companies charge fees but handle everything
- A combination — A trusted family member plus a professional
Tip: Executors can also be beneficiaries. It's common to appoint your spouse as both executor and main beneficiary.
Appointing guardians for children
If you have children under 18, your will is the only place you can legally name who should care for them if both parents die. Without this, the courts decide — and may not choose who you would have wanted.
When choosing guardians, consider:
- Whether they share your values and parenting approach
- Their age, health, and family circumstances
- Where they live (would children need to move schools?)
- Whether they're willing and able to take on the role
- Financial considerations (you can leave money specifically for children's care)
Always discuss guardianship with your chosen people before naming them in your will.
Making your will legal
For a will to be valid in England and Wales, it must meet these requirements:
- You must be 18 or over (with rare exceptions for military personnel)
- You must have "testamentary capacity" — meaning you understand what a will is, what you own, and who might expect to inherit
- The will must be in writing — typed or handwritten
- You must sign it (or have someone sign on your behalf in your presence)
- Two witnesses must watch you sign and then sign themselves
About witnesses
Your witnesses must be:
- 18 or over
- Able to see you sign
- Not beneficiaries (or married to beneficiaries) — if they are, they lose their inheritance
The witnesses don't need to read the will or know what's in it — they're simply confirming that you signed it.
Storing your will safely
A will is only useful if it can be found. Options for storage include:
- At home — In a fireproof safe or secure location. Tell your executors where it is
- With your will writer or solicitor — Many offer secure storage services
- At a bank — Safe deposit boxes are very secure but can be hard to access after death
- The Probate Service — You can deposit your will for a small fee
Whichever option you choose, make sure your executors know where to find it. Consider registering your will with the National Will Register so it can be located after your death.
When to update your will
Your will should be reviewed regularly and updated when your circumstances change. Key triggers include:
- Marriage or civil partnership — This automatically revokes any existing will (unless made "in contemplation of marriage")
- Divorce — Your ex-spouse is treated as having died, which may not be what you want
- Birth or adoption of children
- Death of a beneficiary or executor
- Significant change in assets — Buying property, receiving an inheritance, starting a business
- Moving abroad — International assets may need separate consideration
- Change in relationships — Falling out with a beneficiary, new partner
Even without major changes, reviewing your will every 3-5 years is good practice to ensure it still reflects your wishes.