How to make a will

Making a will might seem daunting, but it needn’t be. It’s an important step to ensure your wishes are carried out after you pass away. If you want to avoid leaving a financial mess for your loved ones, writing a will is crucial.

Fortunately, the process is quite straightforward. In this guide, we explore how to organise your affairs to protect your family and assets after you die.

What is a will?

A will is a legal document detailing what you want to happen to your estate when you die. Your estate is your money, properties and everything else you own. Your will also lets you name legal guardians for your children, pets or dependents.

Writing a will can be confusing. It’s worth talking to an expert in estate planning for help navigating the process. They can help you choose the most suitable type of will for your circumstances.

Why do you need a will?

Your will lets you specify what happens to your money, property and other belongings after you die. If you don’t have a will , the law decides how to distribute your assets, which may not align with your wishes.

Having a will also speeds up how quickly your loved ones can access your assets and can help them avoid overpaying inheritance tax.

How does a will affect your family?

Your will plays a crucial role in protecting your family’s interests after your death. By leaving a will, you ensure your loved ones receive their inheritance smoothly. 

Not creating a will can lead to complications, especially for your partner and children.

Partners

Creating a will ensures unmarried partners can inherit your estate according to your wishes.

Without a will, partners who haven’t registered a civil partnership – often known as ‘common-law’ partners – have no legal right to your estate. 

This lack of legal protection could lead to financial difficulties after you die.

Children

Your will lets you plan for your children’s care if they are under 18.

When you create a will, you can name a guardian for your children if you die. If you live in England or Wales and die without a will, decisions about your children’s care can be made by others.

Leaving a will lets you control exactly when your children receive their inheritance. You might want them to access it when they reach a certain age, like 16, 21 or 25.

If you die without a will, your children get their inheritance when they turn 18.

How much does it cost to make a will?

If you choose to use Co-op Legal Services through Saga Legal, the price of creating a will for yourself starts at £149.

If you want to write a mirror will (a will with another person), the price starts from £249.

Having a professional handle your will ensures it’s legally valid. It also makes it easier for your loved ones to manage your estate in the challenging time after you die.

 What to include in your will

When creating your will, consider including the following key details:

• Beneficiaries: The individuals who will inherit from your estate when you die.
• Estate: Everything you own, from properties and cars to money and personal possessions.
• Guardianship: Who will care for children under the age of 18.
• Executors: People who oversee the distribution of your will and ensure your wishes are carried out (Executors may need to apply for probate before handling your estate).
• Funeral arrangements: Highlight specific wishes for your funeral, including burial or cremation, burial location and music.

Including these essential elements can save time and reduce solicitor costs in the event of your death.

Requirements for a valid will

There are several requirements for a will to be valid, including:

• The will must be created by an individual who is at least 18 years old.
• The will must be made voluntarily, without any external pressure.
• The person creating the will must be of sound mind.
• The will must be in writing.
• The will must be signed by the person creating it, and two witnesses must be present.
• The witnesses must also sign the will in the presence of the person creating it.

How to update your will

If you already have a will, it’s a good idea to review and update it regularly. Life can change, and your current will may no longer reflect your wishes.

Minor adjustments to your will are called codicils. If you want to update a specific provision or add/remove a beneficiary, this can be a good option. 

If you’re making significant alterations (e.g., changing the entire distribution of your estate), it’s better to write a new will.

It’s important to only use codicils for small changes to your will. Making too many small changes can lead to complications after you die. If you want to make major changes, it’s recommended that you write a new will.

Revisit the details of your will every three to five years or when you experience a material change in your life, such as getting married, separating from your partner, or having children.

Saga Legal Services can help with this too. We offer a free legal review where a legal expert will go through a 10 point checklist with you around wills and estate planning to ensure everything is up to date and in place. This includes reviewing any existing will you may have. We’ll make sure your will maximises asset protection and provides for your loved ones in the way that you want.