A Will is a document that includes your ‘testamentary wishes’. This meaning, what you want to happen to your money, property and all other assets when you pass away, who you want to deal with your estate following your death (your Executors) and who you want to benefit from your estate (your Beneficiaries).

You should think about your wishes carefully and make sure that these wishes are your own and that you are not influenced or pressured into making these important decisions.

When choosing your Executors, think about who will be best to fit the role. This will be to collect your paperwork, deal with your assets and liabilities, apply for probate and report to HMRC if necessary and distribute your estate to your Beneficiaries. A trusted family member, close friend or your solicitor are sensible options.

Funeral wishes can be included within a Will, as well as the appointment of guardians for minor children. You might want to include gifts of specific items or set sums of money. You will then need to consider what should happen to the residue (everything left) of your estate. If your first choice of beneficiary dies before you, think who you want to take their share (for example, their children)?

More complex issues can also be addressed within your Will. For example, protecting children from a previous relationship, leaving funds to a disabled beneficiary, trusts of property or estate planning in consideration of potential care fees. These circumstances require more detailed advice and consideration.

If someone passes away without making a valid Will, they are classed as dying ‘intestate’ and their estate is distributed according to the rules of intestacy. These strict rules govern who can deal with your estate and who can benefit from your estate. Often these rules conflict with someone’s own intentions and wishes and can provide to people who you do not want involved (for example an estranged adult child) or leave out someone special (for example an unmarried partner).

The best way to protect your estate and family is to make a Will. Legal advice is always recommended and helps to ensure that your Will is drafted, signed and witnessed correctly. We can help you with this. For advice or to update your Will please contact Rebecca Walker, Jane Letts or Sasha Richings in our Wills & Probate team on 01604 887450.