What to expect when making a will

Making a will gives you complete peace of mind that your loved ones will be looked after when you're gone. Whether you want to pass your personal assets to your spouse, civil partner, children, or other family members, a will ensures your wishes are protected.

We want to guide you through the process of making a will with a local solicitor step-by-step, so you feel confident planning ahead for the people most important to you.

Why making a will is important?

Consulting a solicitor ensures your will is legally binding and you follow all the correct procedures. A well-written will protects your assets, including your money, personal possessions, property, and anything else that contributes to your net worth, meaning your loved ones will be financially taken care of.

Making a will also minimises inheritance tax liabilities, and ensures your wishes for your whole estate – encompassing everything you own, properties or other assets – are legally protected after you die.

Every family's situation is different; therefore, a tailored will is key. Our will writing solicitors are highly experienced in will writing for people across East Anglia and beyond.

Our will writing services include:

• Consultation and advice

• Drafting your will

• Reviewing and signing

• Safely storing your will

• Updating your will

We take care of any will, no matter the complexity. For example, we'll also liaise with lawyers in foreign jurisdictions to make sure property overseas is taken into consideration in the planning stages, and we can advise on issues of residence and domicile where relevant.

What can you do to prepare?

Before contacting us, we recommend making a list of:

• All the assets you want included in your will

• Any outstanding debts

• Your children and family members' details

• Any wishes you want followed, for example, the type of funeral you want

This will all come in handy when you're making decisions about who you want your estate to go to.

A step-by-step guide to making a will with a local solicitor

1. Consultation

   The first step of making a will is consulting with a solicitor. This gives you dedicated time to explore your situation in a confidential setting, in-person if they're based locally in East Anglia or over the phone, with an experienced professional.

   
   

   A solicitor will listen carefully to your needs and explain the legal aspects of will writing. They'll talk through your specific circumstances, including how the total worth of your assets or any businesses, donations, and financial gifts you've given may affect the level of inheritance tax your beneficiaries will have to pay.

2. Decisions

   You will then need to decide who your beneficiaries, executors, and guardians are.

   
   

   Your beneficiaries are the people you want to benefit from your estate. You'll need to decide how you want to divide it up and who receives what, from your possessions to your property.

   
   

   You might include your:

   • Partner

   • Civil partner or spouse

   • Friends

   • Children

   
   

   If you want to leave a donation to a charity, make a note of the organisation's name, address, and registered charity number. You might also consider who you don't want to benefit – it's also worth bearing in mind that if someone, for instance one of your children, expects to benefit and is left out, they may contest your will after you've passed away.

   
   

   A guardian is someone you'd like to be responsible for your children if they're orphaned before the age of 18. Before formally appointing someone, you will need to check if they are willing to take on the responsibility. 

   
   

   Your executors will be legally responsible for carrying out your wishes after your death and administering your Estate. They can be a professional person like your solicitor, or one of your family or friends. This is a lot of responsibility, so you should check with the person before choosing them to make sure they fully understand what the role entails and they're happy to do it.

   Most people have two executors, but you can choose up to four.

3. Drafting a valid will

   Your local solicitors will use all this information to draft your will, tailoring each document to your needs, family dynamics, and financial situation.

   
   

   At Rudlings, our solicitors come equipped with a wealth of experience in dealing with will writing and estate planning, so they'll be able to ensure your needs are reliably communicated, and avoid common will writing mistakes. 

   
   

   What are the common mistakes people make when writing a will? There are three main mistakes people make:

   
   

   - Writing a will yourself:

   A homemade will risks being invalid if it's made without the necessary legal expertise. For a will to be valid in court, by law, certain criteria must be met. Unqualified will drafters won't understand all the legal nuances of will clauses, and online templates are often out of date or out of context. In these instances, your will could be misconstrued or left open to being contested.

   
   

   - Not updating your will after life changes:

   If you enter a new marriage or civil partnership, this cancels your original will unless there is specific reference to the life event. Alternatively, if you divorce, any gifts to your ex-spouse or ex-civil partner will fail along with appointing them as executor. It's vital you arrange a new will in these cases, and update it with any significant life change.

   
   

   - Using incorrect witnesses:

   If a will isn't properly witnessed, it'll be invalid – for instance, if the witnesses aren't in the same room for the whole process, or if you leave anything in your will to them. If the will isn't prepared properly prior to witnesses signing, this may also stop your wishes from being carried out.

4. Signing

   You'll sign the will in the presence of two witnesses, who, as mentioned before, must also sign it in your presence.

   
   

   If you can't sign it, it can be signed on your behalf as long as you're in the room and it's signed at your direction. For anyone with a dementia diagnosis or a serious mental impairment, you need to have mental capacity for it to be valid. A medical practitioner may also need to sign to confirm you understand what you're signing.

5. Storing the will

   You've made your will! Now, you'll need to store it somewhere secure.

   
   

   Make sure your executors know where your will is kept so they can access it without having to seek legal permission. This means you shouldn't leave it in a bank safety deposit box because your bank won't be able to open it without your permission, which can't be granted to your executors without your will.

   
   

   You could choose to store it:

   • At home

   • With a solicitor

   • With the government's probate service

   
   

   To store it in the probate service, you'll need to pay a small fee and post your will, following the UK government guidance.

FAQs

What happens if I don’t make a will? 

Without a will, when you die your estate is subject to intestacy laws, and the government will decide who gets what. This could exclude your loved ones, for example, your unmarried partner, stepchild, or someone close to you who's not a blood relative.

What is the '30-day rule' in wills?

A survivorship clause, also known as the '30-day rule', is a will clause that makes a gift to a beneficiary conditional on them surviving you by a certain amount of time. It's commonly 30 days, but can be up to six months. Here at Rudlings, a survivorship clause is 28 days. This helps make sure your money and assets go to the people you've personally chosen.

Do I need to regularly update my will?

You should update your will if your circumstances change and you have a child, separate from your partner, marry or enter a civil partnership, or acquire significant new assets. 

If you want to make a minor change to your will, you can add a codicil, which is a small amendment, but for more major changes, you must make a new will and cancel the previous one.

Do I need a solicitor to make a will?

Yes, it's crucial to have a qualified solicitor make your will to ensure it's valid in court. A solicitor will be able to confidently negotiate complex terms, such as if your permanent home is abroad or several family members make a claim on the will.

How much does it cost to make a will in the UK?

Prices range from four hundred and fifty pounds to several hundred pounds, depending on the complexity of the will being made.

Choose will writing service with Rudlings Solicitors

We hope you gained useful insights into the process of making a will with local legal support from this article.

Ensure your will covers every aspect of your estate and secure your loved ones' futures with expert local will writing from Rudlings. From funeral arrangements to safely storing the will, our solicitors are clear, kind, and empathetic, grounded in industry knowledge.

Please reach out to one of our solicitors today, who will be happy to help you through the process.