It’s important to have an up-to-date will. If you don’t, the law decides what happens to your money and any property you own when you die, which may not be the same as what you would have chosen.
The estate
This is everything left by someone who has died, including property, money and other possessions.
Why it’s important to make a will
Even if you think you don’t have much to leave in a will, there are many reasons why it’s a good idea to have one.
- Make sure your wishes are carried out
If you don’t leave a will, your estate will be shared out according to the law. This may not be the same as what you would have wanted. For more information, visit Citizens Advice. - Protect your partner if you are not married
If you're not married or in a civil partnership, your partner will not automatically inherit anything. - Make plans for your dependants
If you have children, or dependants who cannot look after themselves, you can make arrangements for their care. - Help your friends and family
It can be stressful for your family to sort things out after your death if there isn’t a will. Making your wishes clear can also prevent family disputes. - Pay the right amount of Inheritance Tax
By planning your will carefully, you may be able to reduce your Inheritance Tax bill – see MoneyHelper for more information. - Support the causes you care about
For example, you could leave a gift to a charity or political party you support.
Planning your will
Even if you’re using a solicitor, you’ll need to make some rough plans before visiting them.
What do you own?
Make a list of your assets and roughly what they’re worth. This might include:
- savings and investments
- objects of value, such as jewellery, furniture and paintings
- sentimental items – things that mean a lot to you
- your home and any other properties you own
- your pension, in some circumstances – check the rules of your pension scheme.
You should also include any debt you have, such as your mortgage.
Who do you want things to go to?
You’ll then want to consider who you want to leave your assets to – your beneficiaries – and who should have what.
If you want a certain item to go to a particular person, be specific. Otherwise, it will be included when your estate is valued.
Gifts you leave in your will are known as legacies. You can leave different types of legacy, such as fixed sums of money or specific items.
Visit MoneyHelper for more on planning what to leave in your will.
Marie Curie has a useful will planning checklist.
Get advice on Inheritance Tax
If you think you’ll have to pay Inheritance Tax on your estate, there are legal ways to reduce the amount that may be due. It’s a good idea to get advice on this. You can find a financial adviser specialising in Inheritance Tax through the Society of Later Life Advisers or Unbiased.
Choosing your executors
An executor makes sure the terms of your will are carried out. This can be time-consuming and complicated, so bear this in mind when deciding who to choose.
Anyone over 18 can be your executor, even if they are a beneficiary of your will. You could choose a:
- family member or friend
- professional, such as a solicitor or accountant.
It’s a good idea to choose more than one executor, so that they can share the work between them, and in case one executor dies before you.
Make sure you check with your chosen executor(s) whether they’d be happy to take on this job. You should include their full name and address in your will so that they can be easily found.
How to make a will
To make a will, you can:
- write one yourself – you can buy templates in stationery shops or online
- use a will-writing service. These can be cheaper than solicitors but, unlike solicitors, they aren’t necessarily legally qualified. Find out more on MoneyHelper
- use a solicitor. You can find one through the Law Society if you live in England or Wales, or the Law Society of Scotland.
Getting support to make your will
Your will may not be valid if you do not use the correct wording. Unless your will is completely straightforward – for example, you want to leave everything to a partner – it’s best to get advice rather than write it yourself.
For example, it’s a good idea to use a solicitor if:
- you’re likely to have to pay Inheritance Tax – you'll probably have to pay some Inheritance Tax if the value of your estate is above £325,000
- there are a number of people who could make a claim on your will
- you want to protect the interests of a dependant who wouldn’t be able to look after themselves – for example, a disabled family member.
A solicitor can check for mistakes that could make your will invalid.
Visit MoneyHelper for more advice on making a will.
Free will-writing schemes
Charities sometimes offer free will-writing services from a solicitor. You may want to make a donation in return. Some trade unions also offer these services for their members.
If you already support a charity, check if it's part of the National Free Wills Network. Some charities, including Independent Age, offer their supporters free will-writing services through this.
Free Wills Month runs twice a year – usually in March or October – in partnership with several charities. A solicitor will write or update your will for free if you are aged 55 or over. Visit the website to find one. If your will is complicated, there may be a charge, so check with the solicitor in advance. Appointments are limited, so it’s a good idea to apply early.
Will Aid runs a scheme in November, in partnership with nine charities. Participating solicitors offer to write basic wills for free. There’s a suggested minimum donation (currently £100). You can search for solicitors who are taking part on the Will Aid website.
Storing your will
There is no set place where you should store your will. You may choose to keep it in a safe place at home or store it with a solicitor for example. Make sure you let people know where they can find it.
You should tell your executors where your will is. Do this in writing. Do not store it in a safety deposit box at the bank – your executors won’t be able to access it when they need to.
If you wish, you can store your will with HM Courts and Tribunal Service. There is a fee, but if you’re on a low income or getting benefits, you can get help with costs.
MoneyHelper has more information about how to store your will.
Reviewing your will
You should review your will every three years or if your circumstances change – for example, through:
- separation or divorce
- getting married (this cancels any previous wills you have made)
- moving house
- having grandchildren
- your chosen executor dying.
You can’t alter your will document after it’s been signed and witnessed, so you’ll need to create a separate document called a codicil to make changes. If you want to make big changes, it may be best to make a new will and destroy your old one. Get advice from a solicitor if you want to change your will.
Also in this section
Leaving a gift to Independent Age
You may be interested in leaving a gift in your will to Independent Age. By doing so, you’d be helping provide older people facing financial hardship with much needed free information and advice, and practical support.
To find out more, read our page on leaving a legacy to charity in your will.