When should you write or rewrite your Will?

Most people who write a Will are over 50, but you don’t have to wait until that age. In fact, anyone can write one as soon as they turn 18, presenting you with plenty of opportunities throughout life. Buying a home When you buy a home, the value of your estate will change. So you may want to revise how much you are leaving to beneficiaries, or who you want the property to go to once you die. It is worth noting what would happen if you own a home with someone else. If you are a joint tenant, full ownership of the home will pass automatically to the other tenant(s) if you die. This means you cannot leave your share to someone else in your Will. However, if you are tenants in common, meaning that each person owns a share of the home, then if you die your share is not automatically passed to the other owner. This means you can leave your share to someone else in your Will. Getting married or divorced If you are newly married, you should consider writing a Will to ensure your partner is looked after the way you want them to be. Likewise, if you have a Will and get divorced, it is a good idea to rewrite the Will to reflect your wishes regarding how your estate should be distributed. It is also important to understand that if you had a Will before you were married, it would be revoked automatically unless specific conditions are met. Having children If you have children aged under 18 years old, you should write a Will to ensure you choose who your children’s guardians will be. If you don’t make one, legislation will decide who looks after them. You should also think about amending your Will once your children enter adulthood, as you may want one of them to be executor of your Will, or you may want to reflect their wishes. A good example of the latter is when one of your children wishes to inherit the family business. Starting a business Have a business? In your Will, you should include instructions on who should manage your business when you die. If you die without making a Will, the rules of intestacy will apply, meaning your business assets will be distributed to your family. This may seem like a good thing, but if your business goes to a family member who had no desire to take over the management of it, this could have a negative impact on them. After all, by taking on the business, they are taking on important responsibilities, such as managing staff and making tough business decisions. Accumulating money An appropriate time to write a Will might be when you begin accumulating money. Writing a Will ensures your money is distributed to the people you want it to go to, instead of the rules of intestacy deciding where that money goes. It’s been a while Quite simply, if you last wrote a Will a long time ago, it is a good idea to update it. It is recommended that you update your Will every five years. If you need any guidance on Will writing, visit our how to write a Will page.

Can you write a Will without a solicitor?

For many people wanting to write a Will, they see it as a chore due to the money it will cost or the thought of spending countless hours with a solicitor. Because of this, they may think they can write a Will themselves. But can you write your own Will? Well, yes you can – however , it is strongly recommended you use a solicitor or a Will-writing service, because there are certain legal requirements that must be met to make a Will legally valid. Something like failing to get the right people to witness your Will could have a negative impact on your beneficiaries. If you do want to write a Will yourself, at least get a solicitor to read it to ensure there are no mistakes. This will help you avoid any complications when your Will is executed. Traditionally, people have used solicitors to write a Will. But with the digital world’s growth, online Will-writing services are now a more common and accepted way of doing things. Usually with an online service you complete a form. Look out for the services where a legal professional will review your Will to ensure it is legally valid before having you witness and sign it. Our Free Will Service has this, with one exception: ours also includes a meeting with a legal professional to discuss that what you want is truly reflected in the Will. Learn more about our free Will writing service .

How much does a Will cost?

A single Will cost often starts from around £150. Will costs can be as high as £500 or more depending on the complexity of the Will.

Can I write my Will for free?

Using our Free Will Service means you can get a simple Will written for free. However, if a free Will is not suitable for you, additional advice will be given. Our Free Will Service is always transparent, so if while making your Will a complex need is identified, additional guidance and information about how much your Will would cost will be provided. Examples of complex needs in Wills include when you: Want to create a Trust Have a vulnerable/disabled beneficiary you need to provide for Have had recent marital difficulties or are divorced but did not get a Consent Order and need protection Have a high taxable estate and need inheritance tax advice Have additional properties, such as foreign or business. Want more information? Visit our partner Bequeathed's How Will For Good works webpage.

What happens if I die without a Will?

If you die without a Will, you will be known as an intestate person and the rules of intestacy are applied. This means your estate is distributed according to those rules rather than your wishes. The below information details what happens to people in your life after you die without a Will. Partners and ex-partners If you are married or in a civil partnership and you die without a Will, your partner will inherit your estate. However, if you are divorced or no longer in a civil partnership, your ex-partner will not inherit anything. The only scenario an ex-partner would inherit is if you had separated informally - in other words, you did not get a divorce or dissolve your civil partnership. It is also worth noting that if you are simply cohabiting, your partner will not inherit anything. Children If there is a surviving partner, a child only inherits from the estate if the estate is valued at over £322,000. If there are two or more children, the children will inherit in equal shares - one half of the value of the estate above £322,000. If you are unmarried or not in a civil partnership, then your children will inherit everything and your partner nothing, with the estate being distributed among the children equally. If the children are under 18, they will not receive the money immediately – instead, the money will be looked after by trustees. The exception to this is if the children happen to marry or form a civil partnership while under 18 years old. Grandchildren and great-grandchildren A grandchild or great grandchild cannot inherit from the estate of an intestate person unless either: Their parent or grandparent has died before the intestate person, or Their parent is alive when the intestate person dies but dies before reaching the age of 18 without having married or formed a civil partnership In these circumstances, the grandchildren and great grandchildren will inherit equal shares of the share to which their parent or grandparent would have been entitled. Other close relatives Parents, brothers and sisters and nieces and nephews of the intestate person may inherit under the rules of intestacy. This will depend on a number of circumstances: Whether there is a surviving married or civil partner Whether there are children, grandchildren or great grandchildren In the case of nephews and nieces, whether the parent directly related to the person who has died is also dead The amount of the estate. Other relatives may have a right to inherit if the person who died intestate had no surviving married partner or civil partner, children, grandchildren, great grand-children, parents, brothers, sisters, nephews or nieces. The order of priority amongst other relatives is as follows:- Grandparents Uncles and aunts. A cousin can inherit instead if the uncle or aunt who would have inherited died before the intestate person Half-uncles and half-aunts. A half-cousin can inherit instead if the half-uncle or half-aunt who would have inherited died before the intestate person. Who cannot inherit The following people have no right to inherit where someone dies without leaving a will: Unmarried partners (sometimes wrongly called 'common-law' partners) Lesbian or gay partners not in a civil partnership Relations by marriage Close friends Carers However, even if you can't inherit under the rules of intestacy, you might be able to apply to court for financial provision from the estate. No surviving relatives But what happens if you die and have no surviving relatives? In that scenario, your estate goes to the Crown, which is known as bona vacantia, which you can find out more about on the gov.uk webpage . How your assets are used is then decided by the Treasury Solicitor.

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