Writing a Will

Making a will

Making a will ensures that your money, property and possessions – including any businesses – are inherited by exactly who you want when you pass away.

Our partner solicitors can help you make a will that gives you peace of mind and lets you rest easy, knowing that your loved ones will be provided for, according to your wishes, when you’re no longer here.

Do I need a will?

In order to leave your estate (property, money, possessions, etc.) to the people you care most about, making a will is highly recommended.

Why make a will?

By leaving a will, your estate can be distributed without significant delay, in the manner in which you intended, and without the financial or psychological stress that would be placed upon your loved ones if you did not have a will in place.

Making a will guarantees that all of your estate goes exactly where you want it to go, which is not always the case if you pass away without having one in place.

What happens if I don’t have a will?

Despite many people believing that their estate will be automatically left to their children or spouse, many things can complicate the process if you die ‘intestate’ – which means that you die without having a will.

If you do not make a will, there are several factors that could complicate the distribution of your estate, including:

• Common-law partners and former partners

• Children from previous relationships

• Children under 18 needing a legal guardian

• Same-sex partners without an official civil partnership

How much your estate is worth

By UK law, the Intestacy Rules will be enforced if you do not have a will in place when you pass away. These are a set of regulations that dictate exactly how your estate will be distributed, which may not match your personal wishes.

Who should make a will?

Making a will avoids potential family disputes and prevents any of your estate from being handed to someone who you would prefer it not to go to. It is particularly important for people that are in certain situations, such as those who are married and/or have children, etc.

In order to make a will, you must have sound testamentary capacity. This means that you are mentally able (of sound mind) to fully understand what your will consists of and exactly how your estate will be shared if you were to die.

The following people, in particular, should ensure that they have a will in place:

• Married couples

• Unmarried couples – as their relationship is not legally recognised

• People with children from a previous relationship or step-children

• Step-children are not provided for through Intestacy Rules if you die without a will in place, so if you wish to leave any money or possessions to your partner’s children, you should have an official will written to clearly, and legally, declare this.

Intestacy Rules also do not recognise the relationship of unmarried couples, but with our help, you will be able to leave your estate to a partner regardless of whether you are married or not.

Can I make a will without a solicitor?

Making a will without a solicitor is possible, but it is not recommended as some cases can be complex. If your will is not suitably written, Intestacy Rules could take over and decide how your estate is going to be split, which is not always an accurate representation of how you want your estate to be passed on.

Our partner solicitors are highly experienced in working with clients to design wills that suit their specific needs, covering all legal areas to ensure that their possessions are fully protected with accurate terms.

At Quick Wills, we can provide you with the right advice at a reasonable price. Everything is explained to you clearly and it is easy to understand – there’s no complicated jargon involved.

At what age should you write a will in the UK?

In the UK, you must be 18-years-old to make a will, with exceptions only to active soldiers or sailors who can make a will at any age due to the nature of their work.

Along with having sound testamentary capacity, being 18-years-old is the only other requirement to qualify you for making a will.

Realistically, making a will is the last thing on most people’s minds when they turn 18 and they tend not to write a will until later on in life. However, no one knows what’s around the corner, so it is important that it’s done while you are of sound mind.

When to write a will

There are many milestones in life that make it appropriate to write or update your will, as mentioned above. These include:

• Getting married

• Having children

• Gaining assets (like a house, car, etc.)

• Life events such as these can alter your responsibilities significantly, and mean that you may now have dependents that you want to financially protect in the event of you passing away.

If you have a child, your will ensures that the estate you want them to receive does, in fact, reach them, and it also declares who will be their legal guardian if both parents should die.

The benefits of having a will

The main advantage of having a will is the fact that it provides peace of mind in knowing that your estate will be distributed as you wish. There are also many other benefits, including:

• You can avoid any family disputes over your estate

• You are able to state who your children’s legal guardian should be if both parents die

• You provide financial security for the loved ones you leave behind

• There are inheritance tax savings available

• You can give possessions (cars, jewellery etc.) to individuals that would appreciate them

• You can choose your executors (link to page)

• You have an input in your funeral arrangements and preferences

• You avoid the uncertainty of Intestacy Rules

Now that you're up to speed on the reasons for having a will, head over to our next helpful guide about what to know before making your will so you can ensure you've taken all factors into account when making yours with us here Quick Wills.