Writing a Will

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Calendar icon04th Jun 2024 List iconRetirement User iconBy Ashley Shepherd

Writing a Will is easier than you think

Writing a Will ensures your money, property and possessions go to those you care about, yet 60% of UK adults still don’t have one. If you die without making a Will, your estate is divided according to the government’s intestacy rules, which may not be in line with your wishes.

In this guide: How to make a Will, what it costs, why you should have one and how to ensure it's legally valid.

What is a Will?

A Will is a legal document that states what should happen to your money, possessions and property when you die. In addition to naming the executor and setting out how your estate should be distributed; a Will can also confirm who should be appointed legal guardian for children under 18.

Also, if your estate is subject to inheritance tax, a Will could help mitigate or at least reduce the amount paid.

How to make a Will

To make a Will you need to set out:

  • The executor of the Will 
  • The beneficiaries
  • How your estate should be divided amongst the beneficiaries
  • Who should look after children under 18
  • What happens if the beneficiaries die before you 

To ensure your Will is legally valid, it must be:

  • Written by someone who is at least 18 years old
  • Made voluntarily and without pressure
  • Made by a person of sound mind
  • In writing
  • Signed by the person writing the Will in the presence of two witnesses
  • Signed by the two witnesses in the presence of the person making the Will

Making a Will doesn’t have to be complicated as help is available from solicitors, online and through Will writing services. The following information explains how these services work, so you can choose the best option for you.

Solicitor Wills

Using a solicitor is the most expensive way of writing a Will with costs ranging from £200 to £600 dependent on the complexity of your affairs. However, if your Will is not straightforward, it may be worth paying the higher price to ensure its legally valid with everything accounted for.

For example, you may want to consider using a solicitor to write your Will if you:

  • Have property overseas
  • Run a business
  • Are liable for inheritance tax
  • Own a property with someone who is not your spouse or civil partner
  • Have children from a previous marriage
  • Want to make provision for a dependent who is unable to care for themselves

If your requirements are straightforward, a budget Will writing service may be worth considering.

Having said that, with a solicitor you:

  • Can be confident there will be no mistakes
  • Are legally protected if something goes wrong
  • Will usually have your Will stored securely in the solicitor's safe

A local solicitor should be able to help or you could contact a leading nationwide law firm such as Hugh James who specialise in offering Will writing services and Estate Planning.

Will writing services

Will writing services are provided by specialist Will writers either face to face, online or by post. Under their guidance you list your assets, executors and beneficiaries and agree how to distribute your estate. The Will writer then provides a draft for you and your witnesses to agree and sign.

They are usually on hand to guide you through the whole process and cheaper than a solicitor, however, regulation isn’t the same for Will writers as it is for solicitors, so you don’t have the same protection if anything goes wrong.

For your security, we therefore recommend you choose a Will writing service that is either regulated by the Solicitors Regulation Authority (SRA), or belongs to:

  • The Society of Will Writers
  • The Institute of Professional Will Writers

This way you can be certain the company is regulated and fully trained, insured to cover legal costs if your Will is challenged and follow the code of practice approved by the Trading Standards Institute.

Online Wills

Online Wills offer a cheaper Will writing service however it’s important to check what you are getting for your money. Some online Wills are purely automated, which means they will just print your requirements and you don’t benefit from specialist guidance.

Also, surprisingly Will writers don't have to be regulated. Therefore look for an SRA regulated or one that is supported by members of the Society of Will Writers or Institute of Professional Writers. 

DIY Wills

DIY Wills are the cheapest way you can write a Will, however, it's important to ensure they are legally valid, so it may be worth opting for one of the many Will templates available in shops and online and if necessary, then getting your Will approved by a qualified expert.

A DIY Will may save money at the outset, however, if your requirements are anything but straightforward, it would be advisable to pay for professional help, be it a Will writing service or solicitor to ensure no mistakes are made.

writing a will 

Do I need a Will?

You need a Will if you want to ensure your money, possessions and property are distributed according to your wishes. Without a Will, the law decides how your estate is divided which could mean an ex-partner inheriting against your wishes, an unmarried partner inheriting nothing, or children left unsupported.

Regardless of your age, if you have property, savings or a business; children, stepchildren or grandchildren or whether you are married, divorced or separated, you should seriously consider making a Will.

Take a look at our intestacy rules guide for more information on what happens if you die without a Will.

How much does it cost to make a Will?

The cost of making a Will depends on whether you use a solicitor, Will writing service or do it yourself. Depending on the complexity, expect to pay between £200 - £600 for solicitors; £50 to £150 for Will writing services or £30 for a DIY template or online Will.

Keep in mind though that your Will must be legally valid so the cheapest option may not necessarily be the best.

What are the different types of Will?

The type of Will you require will be based on your requirements and personal situation:

Single Wills

A simple Will suitable for an individual. It includes the appointment of the executors, noting of any gifts and details the beneficiary who will receive the remainder of the estate once all other beneficiaries have received their inheritance and debts have been paid.

You can make a single Will whether you have a partner or not.

Mirror Wills

Like the Single Will but Intended for couples. Mirror Wills are two Wills which are almost identical but for the name of the partner, hence the name.

Trust Wills

A Trust Will is where one or more individuals are made legally responsible for holding assets such as land, money, buildings or shares on behalf of the beneficiaries.

Discretionary trust Wills

Similar to Trust Wills but rather than you deciding how your Estate should be split, it is left to the Trustees to decide based on the circumstances at the time. These can be useful for people who have concerns about a vulnerable person inheriting a lump sum.

Property trust Wills and flexible Will trusts

Your share of the property is placed into trust protecting its value and ensuring that your beneficiaries receive some inheritance should the surviving partner remarry or end up needing residential care.

A way of protecting the value of assets for future generations. Your assets are held in a trust which pays income generated to your surviving partner for their lifetime. When your partner has died, the assets are distributed to the beneficiaries.

Living Wills

A living Will or Advanced Decision gives you the opportunity to dictate the type of treatment you wish to receive if you are physically unable to communicate your wishes. A living Will therefore records your wishes whilst living; not how your estate should be distributed once you have died.

Charity Wills and free Wills month

Some charities offer free Will writing services in the hope that you’ll leave a donation in your Will, however, this isn’t usually obligatory. Free Wills Month, where national charities and participating solicitors offer a limited number of over 55s a free Will is one good example of how this works.

 

What should I do next?

If your requirements are simple and you feel confident with one of the cheaper online or DIY Wills, do your homework and check that the company providing the services is regulated and you are protected.

If you want the help of a specialist, you could speak to a solicitor or law firm such as Hugh James. Their award winning will writing services can help you be sure your assets are safeguarded and managed in accordance with your wishes – however straightforward or complex they may be.

Get a quote from Hugh James

Should you speak to the Hugh James and use their services, we receive a commission, however this will not affect the price you pay.

Your questions answered

  • What is an executor of a Will?

    • The executor of a Will is the person(s) you nominate to handle your estate when you die. This includes applying for probate, paying off debts and managing your finances and distributing your estate. You can choose up to four executors, all of whom should be named in your Will.

  • Can an executor be a beneficiary?

    • An executor can be a beneficiary but it’s not a requirement. Most people choose their spouse, civil partner or children as executor, but you could have a professional such as a solicitor or accountant if you prefer. The only requirement is that they must be at least 18 years old.

  • Do you need a solicitor to write a Will?

    • You don’t need a solicitor to write a Will; you can use a Will writing service or do it yourself but this is only advisable if your affairs are straightforward.

      Your Will does need to be legally valid though so even if you don’t use a solicitor, getting it checked by a specialist may be worthwhile.

  • Are home made Wills legal?

    • A home-made Will can be legal if it’s voluntarily made in writing, by someone over the age of 18 who is of sound mind and signed by 2 independent witnesses.

  • How do I write a Will for free?

    • Free Wills are available through some charities at certain times of the year however there are limitations in terms of age and availability. Although the service is free, the charity hopes that in return, you will leave them a donation in your Will.

  • What are the requirements for a Will to be valid?

    • It then needs to be signed by 2 independent witnesses

    • For a Will to be legal it needs to be written by someone who is:

      • At least 18 years of age
      • Voluntarily making the Will
      • Of sound mind
  • What should I include in my Will?

    • Your Will should include:

      • Your executors
      • Your beneficiaries
      • What happens if a beneficiary dies?
      • How you want your estate distributed
      • Who should look after any dependents?
  • How should I keep my Will?

    • It’s important to keep your Will in a secure place such as with your solicitor, at your bank or with a company that offers Will storage facilities and tell an executor, close friend or relative where it is.

  • How often should I update my Will?

    • Life is constantly changing so it makes sense to check and where necessary update your Will every few years. You should definitely revisit your Will if you are:

      • getting married, remarried or registering a civil partnership
      • getting divorced
      • having children or grandchildren
      • buying or selling property

Did you find this information helpful?