The will-writing process can seem daunting, especially when you don’t know where to start. For your peace of mind, it is important to know that your assets will be passed on to your chosen recipients and handled with care at the end of your life.
Why is writing a will a good idea?
Your will is one of the most important documents that comes into effect after you die. For those without a will, their estate will be administered in line with the Intestacy Rules, leaving your assets to be divided up based on these rules and not your own wishes.
A step-by-step guide to the will-writing process
If you’d like to know how to begin the will-writing process and how it ensures that your wishes are respected once you pass, you’re in the right place.
1. Contact a solicitor
It is advisable to contact a professional will and probate solicitor to help you. Having someone on your side with experience in providing expert legal advice will ensure a smooth and efficient process.
2. Consider what you want included in the will
Before meeting with your solicitor, you should have a clear idea of what you want included. For example, your will should detail:
- Your executors (named individuals who are legally responsible for managing your estate and the will’s instructions)
- Your beneficiaries (named individuals who will receive your assets or property)
- Plans for your funeral
- Intended guardians for any children under 18
- Specific items you’d like to leave to friends and family
- Donations to charity (if chosen)
- How the remainder of your estate will be distributed
3. Decide who you want as your executors
Your executors will be put in charge of carrying out your wishes and sorting out your estate. You only need to appoint one, but you can have up to four executors (if any are under 18 years old or named as beneficiaries, you will require at least two).
Common choices for executors include:
- Friends or family
- Will and probate solicitors
- Banks
Ensure to take considerable care in deciding who you trust to take on this level of work and responsibility. It is advisable to discuss this with them prior to naming them as an executor to see if they are willing to take on the role.
4. Check that you meet all the legal requirements to make a valid will
There are a few requirements that you must meet if you’d like to make a valid will:
● You must be 18 years old or older
- Your will must be made voluntarily and without external pressure
- You must be of sound mind, fully aware of the purpose of the document and its contents
- You must have two witnesses present, and neither of whom can be named as beneficiaries
5. Be prepared to make changes to your will
Circumstances can change, and it’s important to address these changes in your will. For example:
● If you get married, remarried, or register a civil partnership
● If you get divorced or separated
● If there is a birth or adoption of whom you’d wish to add as beneficiaries
If you wish to make any changes to your will, you cannot do so by making amendments to the original. Instead, you will need to either create a codicil — a formal document used to change an existing will — or write a new one altogether.
Why it’s essential to make sure your will is written correctly
Ensuring that your will is written correctly is very important. Firstly, it allows you to control what happens to your property and finances when you die.
Secondly, without a clear and valid will, problems and disagreements can arise amongst business associates, friends, and family members, potentially resulting in legal costs for those involved.
This is why your intentions and instructions for your will must be as clear as possible to avoid misinterpretation.
How can a wills solicitor help you write your will?
To ensure all your wishes are followed, it is advisable to use a wills solicitor or to have your will reviewed by a professional. This ensures that no mistakes will be made, and if any disputes arise, they can help your loved ones deal with them.
A wills solicitor can provide support, talk you through the stages of the process, check over the details, and offer advice so you no longer have to worry about what happens after you’re gone. This is precisely where our team of expert solicitors can help eliminate the pressure off you, taking on all of the legal work required.
Our job is to make the will-writing process easier for you. We will walk you through every stage so you never feel in the dark, and you can leave knowing your final wishes are in good hands.
Commonly asked questions about the will-writing process
Can I legally write my own will?
Yes, you can legally write your own will, but this increases the risk of mistakes and misinterpretations. While it might seem like the easier option, choosing a specialist wills solicitor to help you can be the best choice for you, your executors, and your beneficiaries in the long run.
What is the best way to write a simple will?
The best way to write a simple will is to contact a trusted solicitor like those on our team. We will help you put your wishes into your will and ensure they are legally sound and clear.
Who is the best person to draw up a will?
You want to choose someone who is experienced in wills and probate, and someone who can offer you advice, support, and expert guidance. This person will usually be a wills and probate solicitor or lawyer.
What is the biggest mistake people make with their will?
There are a few common mistakes that people make when writing a will. The most common ones we see include:
- Being unaware of the legal requirements
- Not taking into account all of your assets
- Not considering the possibility of the death of a beneficiary or executor
- Making legally invalid changes to the will
- Not seeking professional advice
This is why it is well worth trusting in the expertise of a wills solicitor.
Write your will with support from Richards & Lewis today
If you’d like to start the will-writing process, rest assured that you will get all the support you need from Richards & Lewis. Our solicitors’ firm is renowned for our kind, trustworthy, and experienced team, and we will guide you through every step of the process.
Don’t hesitate to get in touch with us today to find out more about how we can help you write your will.
