Will Writing – A Complete Guide
Normally, writing a Will is something that we don’t think about until the later stages of our life. However, if you own property or have something specific that you want to leave to a loved one after you pass, making a Will should be on your agenda.
There are three ways that you can make a Will: simply do it yourself, get a Solicitor to do it for you, or write the Will yourself and get a Solicitor to check it over at a cheaper rate. In this blog, we will explore how you can write your Will yourself and where to get professional guidance if necessary.
Getting started
A Will can be made on any paper and follow any format, providing that it is signed by you and witnessed.
Note – An invalid Will or a Will with conflicting instructions can be challenged in court. To avoid family conflict, we recommend thinking this through properly and be as specific as you can.
Example for a Single Will –
Last Will and Testament of [your name]
I, [your name], presently of [your witness], hereby revoke all former testamentary dispositions made by me and declare this to be my last Will.
PRELIMINARY DECLARATIONS
Prior Wills and Codicils
- [If you have any previous Wills] I revoke all prior Wills and Codicils.
1. [If you have no previous Wills] I declare to have no prior Wills and Codicils.
Marital Status
2. I am not married.
2. [If you are married, you may wish to consider a Mirror Will].
Children
3. [Their name] [eldest]
[Their name] [youngest]
3. I do not have any living children.
Your Will won’t need to be this precise, however, keeping it clear will reduce any confusion and eliminate any grey areas.
Choosing an Executor
An executor is a person(s) you choose to carry out your wishes as set out in your Will. We recommend choosing more than one, one being the first choice and the other a substitute should your first choice become incapacitated. Unless your estate is considerably complex, you should choose a friend or family member, as a solicitor can increase the overall costs. In the case that your executor needs professional help, a Probate solicitor can guide them through it.
Executors, Witnesses, and Beneficiaries
The three of these are important roles when considering writing a Will. However, you should know that all three have different responsibilities and rights to inheritance.
An executor can inherit from your estate, be a beneficiary, and witness the Will. They need to be over the age of 18 in England and Wales. They do not have to be present when the Will is signed.
A witness cannot inherit from your estate but can act as an executor, witness your Will, and needs to be present when the Will is signed. They must also be over the age of 18 in England and Wales.
A beneficiary can inherit from your estate and act as an executor; however, they cannot be a witness of your Will. If your beneficiary is also the executor, they need to be over the age of 18 in England and Wales (but otherwise can be any age).
Example –
EXECUTOR
Executor
- The expression ‘my Executor’ used throughout this Will includes either the singular or plural number, or the masculine or feminine gender as appropriate wherever the fact or context so requires. The term ‘executor’ in this Will is synonymous with and includes the term ‘executrix’ and ‘personal representative’.
Appointment
- I appoint [executors name] of [executors address] as the sole Executor of this Will.
Powers Of My Executor
I give and appoint my Executor the following duties and powers with respect to my estate:
a. To pay my legally enforceable debts, funeral expenses and all expenses in connection with the administration of my estate and the trusts created by my Will as soon as convenient after my death, except. for any debt secured by real and/or personal property which is to be assumed by the recipient of such property.
b. To take all legal actions to have the probate of my Will completed as quickly and simply as possible, and as free as possible from any court supervision.
c. To retain, exchange or dispose of any personal property without liability for loss or depreciation.
d. To invest, let, rent, exchange, mortgage, sell, dispose of, or give options without being limited as to the term, any and all real property belonging to my estate and to insure, repair, improve, add to, remove from or demolish or otherwise deal with such real properties as my Executor deems advisable without liability for loss or depreciation.
e. To purchase, maintain, convert and liquidate investments or securities, and to exercise voting rights in connection with any shareholding, or exercise any option concerning any investments or securities.
f. To open or close bank accounts.
g. To maintain, continue, dissolve, change or sell any business which is part of my estate, or to purchase any business if deemed necessary or beneficial to my estate by my Executor.
h. To maintain, settle, abandon, make a claim against or defend, or otherwise deal with any claims or actions against my estate.
You may want to change the responsibilities and duties of your Executor to tailor your own circumstances.
Distributing your estate
Your Will can include a number of conditions. These can vary from who will look after any children to who will inherit your assets – normally the most important aspect of your Will.
You should write a list of your assets on paper before writing your Will, including any sentimental items that you’d like specific loved ones to receive.
You should specify each person or organisation and what they are to receive, normally known as ‘specific legacies’ or ‘bequests’. This can include property, heirlooms, and keepsakes or even the contents of a bank account.
Should you write your Will, and then find that you forgot to mention one of your assets, a residuary gift is always a great way to cover those forgotten items. A residuary gift sets out who will inherit anything that is not detailed in the Will. You can name anyone in your Will to inherit a residuary gift.
Example –
DISPOSITION OF ESTATE
Distribution of Residue
- To receive any gift or property under this Will a beneficiary mu.st survive me for thirty (30) days. Beneficiaries of my estate residue will receive and share all of my property and assets not specifically bequeathed or otherwise required for the payment of any debts owed, including but not limited to, expenses associated with the probate of my Will, the payment of taxes, funeral expenses or any other expense resulting from the administration of my Will. The entire estate residue is to be divided between my designated beneficiaries with the beneficiaries receiving a share of the entire estate residue. All property given under this Win is subject to any encumbrances or liens attached to the property.
- I direct my Executor to distribute the residue of my estate as follows (“Share Allocations”):
a. All of the residue of my estate to [beneficiary name] of [beneficiary address], [country], for their own use absolutely.
Wipeout Provision
- I HEREBY DIRECT that the residue of my estate or the amount remaining thereof be divided into one hundred (100) equal shares and to pay and transfer such shares as follows:
a. 100 shares to be divided equally between my parents and siblings, or the survivors thereof, for their own use absolutely, if all or any then is then alive.
Individual Omitted From Bequests
10. If I have omitted to leave a property in this Will to one or more of my heirs as named above or have provided them with zero shares of a bequest, the failure to do so is intentional.
Rule out potential challenges
To avoid challenges to the validity of your Will, you should make sure that nothing is amended or crossed out in the document that you sign.
Should you want to change your Will at a later date, you will need to make a codicil or new Will. Codicils are additional documents that detail any changes you have made, signed and had witnessed, as the same as your Will.
Alternatively, you may wish to penalise a person in your Will if they contest.
Example –
GENERAL PROVISIONS
No Contest of Provisions
- If any beneficiary under this Will contests in any court any provisions of this Will, then each and all such persons shall not be entitled to any devises, legacies, bequests, or benefits under this Will or any codicil hereto, and such interest or share in my estate shall be disposed of as it that contesting beneficiary had not survived me.
Severability
- If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full force and effect.
Wrapping it up
Finally, you will need to sign it yourself, along with your witness.
Example –
Signature
- I, [your name] the within named Testator, have to this my last Will contained on this and the preceding pages set my hand at the City of [your city], [your country], this [date] I declare that this instrument is my last Will, that I am of the legal age in this jurisdiction to make a Will, that I am under no constraint or undue influence, and that I sign this Will freely and Voluntarily.
WITNESSES
This instrument was signed on the above-written date by [witness name], and in our presence the Testator declared this instrument to be their last Will. At the Testator’s request and in the presence of the Testator, we subscribe our names as witnesses hereto. Each of us observed the signing of this Will by [witness name] and by each other subscribing we witness and affirm that each signature is the true signature of the person whose name was signed. Each of us is now the age of majority, a competent witness and resides at the address set forth after our names.
To the best of our knowledge, the Testator is of the age of majority or otherwise legally empowered to make a Will, is mentally competent and under constraint or undue influence.
We declare under penalty of perjury under the laws of the United Kingdom of Great Britain and Northern Ireland that the foregoing is true and correct this [date], at [city], [country].
Signed by [witness], [country] in our presence and then by us in their presence.
Testator
Signature ____________________________
Name ____________________________
Address ____________________________
____________________________
City/Town ____________________________
Postcode ____________________________
Witness
Signature ____________________________
Name ____________________________
Address ____________________________
____________________________
City/Town ____________________________
Postcode ____________________________
When to get professional support
A Probate solicitor can write your Will for you. This helps make sure that all is in order, and you can feel confident that your Will was made properly. It might be more expensive than writing your Will yourself but can save your family a lot of money if your assets meet the threshold for Inheritance Tax.
You can discuss exactly what it is you want to achieve and how to avoid ambiguities. If your family circumstances are complex, then getting professional advice is recommended, especially where care is concerned for children with special educational needs.
Additionally, if you have property overseas that you wish to detail in your Will, a solicitor can go through everything that you need to do to ensure a safe transfer to your chosen beneficiary.
If you need help writing a Will, or you are thinking of getting a solicitor to write one for you, our dedicated team of Probate solicitors are on hand. For more information, visit Will drafting or give us a call on 023 8023 4433 to get started.
Disclaimer: Information on this webpage is not intended for legal purposes or advice. If you require legal advice or services you should seek a professional legal practitioner.
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