Making a will is one of the most important steps a person can take to ensure that their affairs are dealt with properly after death. A well-drafted will provides certainty, protects loved ones and helps avoid disputes. Despite this, many people either do not have a will or rely on documents that no longer reflect their circumstances.
This article explains why making a will matters, what a will should cover and how the process works in England and Wales.
Why making a will matters
A will sets out how your estate should be distributed after death and who should be responsible for administering it. Without a valid will, your estate will be distributed in accordance with the intestacy rules, which may not reflect your wishes and can produce unintended outcomes.
A properly drafted will allows you to decide who benefits from your estate, who acts as executor and how practical matters should be handled. It can also help minimise the risk of disputes and delay during probate.
What happens if there is no will
If a person dies without a valid will, their estate is distributed under the intestacy rules. These rules prioritise certain relatives and do not take into account personal relationships, step-children or unmarried partners. In many cases, this leads to outcomes that the deceased would not have intended.
Dying without a will can also complicate estate administration and increase the likelihood of disputes between family members.
What a will should cover
A will should be tailored to your individual circumstances. While the content will vary, most wills address several core issues.
This includes appointing executors, who are responsible for administering the estate, paying debts and distributing assets. It also includes specifying who should inherit and in what proportions.
Where relevant, a will can include provisions dealing with guardianship of minor children, specific gifts, trusts or business interests. Careful drafting ensures that assets pass as intended and that executors have the authority they need.
Keeping a will under review
A will should not be treated as a static document. Changes in personal circumstances such as marriage, divorce, the birth of children or changes in asset ownership can affect its validity or suitability.
Marriage usually revokes an existing will unless it was made in contemplation of that marriage. Divorce does not revoke a will but can affect how it operates. Regular review ensures that the will continues to reflect your wishes and remains legally effective.
Validity and formal requirements
For a will to be valid in England and Wales, it must meet specific legal requirements. It must be in writing, signed by the person making the will and properly witnessed. Failure to comply with these formalities can result in the will being invalid.
Using clear and precise drafting helps reduce ambiguity and the risk of challenges after death.
Common issues and risks
Problems often arise where wills are unclear, outdated or poorly drafted. Ambiguity can lead to disputes between beneficiaries and increase the cost and time involved in administering an estate.
Early legal advice helps identify potential issues and ensures that the will is structured in a way that reflects your intentions while complying with legal requirements.
How we can help
We advise individuals on the preparation, review and updating of wills. Our work includes advising on estate structure, executor appointments and practical considerations to ensure that wills are clear, effective and appropriate to each client’s circumstances.
Our approach is careful and practical. We take time to understand personal and family arrangements and provide advice that gives clarity and peace of mind.
If you would like advice on making a will or reviewing an existing will, please contact us to discuss how we can assist.
Frequently Asked Questions on Making a Will
Do I need a solicitor to make a will
There is no legal requirement to use a solicitor. However, wills are legal documents and errors can have serious consequences. Many people choose to obtain legal advice to ensure that their will is valid, clear and reflects their intentions.
What makes a will legally valid
A will must be in writing, signed by the person making it and witnessed by two independent witnesses who are present at the same time. The witnesses must also sign the will. Failure to follow these requirements can invalidate the document.
When should I make a will
A will can be made at any time, but it is particularly important when acquiring assets, starting a family or experiencing changes in personal circumstances. Making a will early provides certainty and avoids reliance on intestacy rules.
Does marriage or divorce affect a will
Marriage usually revokes an existing will unless it was made in contemplation of that marriage. Divorce does not revoke a will, but it can affect how certain provisions operate. Advice should be taken following major life events.
Can I change my will
Yes. A will can be updated at any time while you have capacity. Changes can be made by executing a new will or, in some cases, a codicil. Regular review helps ensure the will remains appropriate.
Who should act as executor
Executors should be people you trust to deal with your affairs responsibly. They can be family members, friends or professionals. The role carries legal responsibilities and should be considered carefully.
What happens if my will is unclear
Unclear or ambiguous wording can lead to disputes and delay in administering the estate. This can increase costs and cause difficulty for beneficiaries. Clear drafting reduces the risk of problems arising after death.
Can a Will be challenged
Wills can be challenged in certain circumstances, including where there are concerns about validity or where claims are brought by eligible individuals under inheritance legislation. Proper preparation reduces the risk of successful challenges.