Making a will may not be at the top of your “to do” list, but be careful not to put it off for too long. Nobody likes to think about what happens after one’s passing, but having a legally-binding will in place ensures that your estate (belongings and wealth) are distributed according to your wishes.
You can either make a will with a solicitor or make a will for yourself. However you choose to create the document, it is vitally important to have it properly witnessed; otherwise it will not be legally binding.
In England and Wales, a will must be signed by two people in the presence of the person making the will. A witness or married partner of a witness cannot be a beneficiary in the will; if they are, they will not get their share, so beware!
When
writing a will, be careful to choose appropriate executors. These are the people who carry out the necessary procedures in the event of your death. Be sure to inform them that you wish to make them an executor in your will, as it is a serious responsibility (and one that they are quite within their rights to refuse). You don’t have to appoint more than one executor, but it is good practise to appoint more than one to ensure that everything runs as smoothly as possible.
If an executor in your will dies before the will is settled, any surviving executor can deal with the will.
It is strongly recommended that, if your will is complex or involves large sums, you approach a
solicitor to make the document for you. All solicitors have professional indemnity insurance, which should cover any potential issues with the will. If, however, you are looking for a simple will, there are a number of potential options. You can make a will using a will writing kit, which can be purchased from stationers or online.
An alternative that has become more popular in recent years is writing a will online. There are a number of websites that allow users to create a will, which is either downloaded or emailed at the end of the process. However the will is drafted, the same rules apply to witnessing and executors, so be sure to complete the process correctly.
Writing a will is the only way to ensure that you can ensure that your estate is divided according to your wishes upon your death. Without a legal will in place, your belongings are distributed according to a strict set of government guidelines, which can lead to stress for your loved ones at an already difficult time. Getting your will in place before you die is good for you and good for your loved ones.
