How do I make a will?

The benefits of a will

A will allows you to decide who will get your money and assets when you die. Your assets are all the things you own. They can include things like your house or shares.

Making a will means that you can:

• Avoid disputes about inheritance,
• Make arrangements for your funeral,
• Make specific gifts, for example, if some of your belongings have sentimental value,
• Plan tax payments,
• Set up trusts, and
• Appoint a trusted person or people to deal with your money and assets after you die. These are known as ‘executors’

How do I make one?

You can make a will yourself or see a solicitor. You can buy a ‘will pack’ where you can fill in a will yourself, but these are only suitable if your will is going to be very simple. 

You should see a solicitor about your will if:

• Your will is not simple. This will depend on what your money and assets you have, and who you want to leave them to.
• If your money and assets are very valuable and worth a lot of money.
• You have any questions about your will or need advice.
• You share a property with someone who isn’t your husband, wife or civil partner.
• You want to leave money or property to a dependant who can’t care for themselves. This includes children under 18 years old
• You have several family members who may make a claim on your will such as a second spouse or children from another marriage.
• Your permanent home is outside the UK.
• You have property overseas.
• You have a business.

You can find a solicitor by contacting:

Society of Trust and Estate Practitioners (STEP)

The Society of Trust and Estate Practitioners (STEP) keep records of solicitors that specialise in wills and trusts. You can search for solicitors in your area on their website or you can call them. They can send you a list in the post.

Telephone: 020 3752 3700

Email: step@step.org

Website: STEP 

The Law Society

Telephone: 020 7320 5650

Website: Law Society (solicitor search page)

Some banks and other financial institutions have will writing services which you have to pay to use. You can ask your bank, or search on the internet to find these services.

The Law Society has produced a booklet called ‘Your guide to making a will’. 

Where should I keep my will?

You need to keep your will safe so it can be found when it is needed. You should tell your executors where your will is.

You can keep your will somewhere safe at home. Or you can store it in the following places. They may charge a fee to store it.

• At your bank,
• At your solicitors,
• At a company that offers the storage of wills - you can search for these online, or
• With the HM Courts and Tribunals Service (HMCTS)

What happens if I don’t make a will?

If you don’t have a will when you die, this is called ‘dying intestate’. If you die without a will:

• Some things might not happen the way you’d like them to,
• Your money and assets might not be shared out in the way you think is fair,
• Things can be more complicated,
• A relative might need to apply to court to get what is known as Letters of Administration, and
• Your money and assets will go to your relatives in a set order of priority.

If you want to find out who will inherit your money and assets if you die without a will you can visit the intestacy page on the government website. 

If you have questions about intestacy you can get advice from a solicitor, or find out more on the wills, probate and inheritance on the government website.