Types of Wills
Contents
Who can set a Will up?
Single Wills
Mirror Wills
How to set up a DIY Will
Common Mistakes with a DIY Will
Who Can Witness a Will?
Who can be an Executor?
What to include?
Overview
A will is a legal document that outlines how you want your money, property, and possessions (your estate) to be distributed after you pass away. It also allows you to appoint guardians for any children under 18 and name an executor, the person responsible for carrying out your wishes.
You can get a professional to set a will up for you or set your own up. Read the advice below to see which option might suit you best.
Who can set a Will up?
Anyone over the age of 18 and of sound mind can make a will. It’s important to set one up, especially if you want to:
Ensure your loved ones are provided for after you’re gone
Decide who inherits your assets
Appoint guardians for children under 18
Minimise family disputes over your estate
Is There a Self-Help Option?
Yes, you can write your own will using DIY will kits, which are available online or in stores. However, these might not cover complex situations, and there is a risk of making errors that could invalidate your will. For more complicated estates or peace of mind, it's usually best to consult a solicitor.
A will ensures your wishes are respected and can make things easier for your loved ones during a difficult time.
Single Wills
What is a Single Will?
A single will is a legal document created by an individual to outline their wishes for how their assets should be distributed after they pass away. It also allows them to name guardians for children and appoint an executor to manage their estate.
Who Would Benefit from a Single Will?
Individuals without a spouse or partner: A single will is ideal for people who want to leave specific instructions about their assets and dependents.
People with personal or complex arrangements: If you want full control over how your estate is managed, a single will gives you the flexibility to decide.
Those wanting independence: It suits anyone who prefers to make their own decisions, separate from a partner or spouse’s will.
This type of will is straightforward and ideal for people who need a clear, personal plan for their estate.
Mirror Wills
How to set up a DIY Will
Start with a Template
Use a trusted DIY will kit or an online template to get started. Make sure it covers all the legal basics for your country.
List Your Assets
Write down everything you own, including money, property, and personal items, so you can decide who will inherit them.
Choose Your Beneficiaries
Decide who will inherit your assets. This could include family members, friends, or charities.
Name an Executor
Appoint someone you trust to carry out the instructions in your will. This person will be responsible for managing your estate after you pass away.
Appoint Guardians for Children
If you have children under 18, choose who you want to care for them in the event of your death.
Common Mistakes with a DIY Will
Not Using Witnesses Correctly: Failing to have two independent witnesses sign the will can make it invalid.
Leaving Out Assets: Forgetting to include all assets, like savings accounts or valuable personal items, can create confusion later.
Being Vague: Vague instructions like "split everything evenly" can lead to misunderstandings. Be as specific as possible.
Forgetting to Name an Executor: Without an executor, the court may have to appoint someone to manage your estate, which could delay the process.
Ignoring Complex Family Situations: DIY wills may not address blended families, stepchildren, or disputes over assets effectively.
Not Updating the Will: Failing to update your will after major life changes, like a divorce or the birth of a child, can leave your estate distributed in ways you didn’t intend.
Including Beneficiaries as Witnesses: If a beneficiary witnesses your will, they may lose their right to inherit from your estate.
Incorrect Signing Process: A will is invalid if not signed correctly in the presence of two witnesses. Make sure you follow the legal procedure.
Not Considering Tax Implications: Failing to account for inheritance tax can leave your beneficiaries with an unexpected financial burden.
Storing the Will Inaccessibly: If your executor can’t find your will, it could be treated as if you never made one. Ensure it's stored safely but easily accessible when needed.
Who Can Witness a Will?
In the UK, to ensure your will is legally valid, it must be signed in the presence of two witnesses. Here are the key rules for who can be a witness:
Over 18 Years Old: A witness must be at least 18 years of age.
Not a Beneficiary: Witnesses cannot be people who will benefit from the will. If they are, they will lose their right to inherit anything from the estate.
Not the Spouse of a Beneficiary: A person married to or in a civil partnership with a beneficiary should not act as a witness. They will also lose any inheritance rights if they do.
Mentally Capable: Witnesses must be of sound mind and capable of understanding the significance of witnessing a will.
Independent Individuals: Witnesses should not be related to you by blood or marriage. It’s best to choose people with no vested interest in the will’s outcome, such as friends or co-workers.
Present at Signing: Both witnesses must be physically present when you sign the will and should witness you signing it at the same time.
Choosing the right witnesses is essential for ensuring your will is valid and legally binding.
Who can be an Executor?
An executor is the person responsible for carrying out the instructions in your will and managing your estate after you pass away. Here’s who can be an executor:
Anyone Over 18 Years Old: Your executor must be at least 18 years old and legally capable of managing financial affairs.
A Trusted Family Member or Friend: Most people choose a close relative, such as a spouse, adult child, or trusted friend, to act as an executor.
Beneficiaries: Your executor can also be a beneficiary of your will. For example, your child can inherit from your estate while also managing it as an executor.
Professional Executors: You can appoint a solicitor, accountant, or bank as an executor if your estate is complex, though they may charge a fee for their services.
Up to Four Executors; You can appoint up to four people to act as executors. They can share the responsibilities, which is useful if your estate is complicated or large.
Backup Executors: It’s a good idea to appoint a backup executor in case your first choice is unable or unwilling to act when the time comes.
Make sure you choose someone who is organised, trustworthy, and capable of handling the legal and financial responsibilities involved in managing an estate. Always discuss your decision with the person before appointing them to ensure they’re willing to take on the role.
What to include?
When writing a will, it’s important to make sure all key details and wishes are clearly outlined. Here's what you should include:
Personal Details: Include your full name, address, and date of birth to clearly identify yourself.
Appointment of Executors: Name the person or people you trust to carry out your wishes and manage your estate. You can appoint up to four executors.
Guardians for Children: If you have children under 18, specify who you want to look after them if you pass away. This is one of the most important reasons to make a will if you have minors.
Distribution of Assets: Clearly state who should inherit your money, property, and possessions. You can list specific items (such as jewellery or cars) or divide your estate into percentages among beneficiaries.
Specific Bequests: Mention any gifts or specific items you want to leave to individuals, charities, or organisations. This could include family heirlooms, cash gifts, or sentimental items.
Your Home: If you own property, include instructions on what should happen to it. You can leave it to a beneficiary or arrange for it to be sold with the proceeds distributed.
Funeral Wishes: You can state your preferences for burial or cremation, as well as any other funeral wishes, such as religious ceremonies or music.
Residue of the Estate: After specific gifts and bequests are distributed, state who should inherit the remainder of your estate (this is called the "residue").
Debts and Liabilities: Specify how any outstanding debts or liabilities should be handled. Usually, debts are paid from the estate before assets are distributed.
Signature and Witnesses: To make the will legally valid, you must sign it in front of two independent witnesses who also sign it. Ensure they meet the legal requirements for witnesses.
Including these key elements will help ensure your will is clear and your estate is managed according to your wishes.