Category: Will News

January is a great time to review your finances for the year and make a plan to tackle all those annoying (but really important) outstanding admin tasks. Top of your list in 2024 should be making a Will!

The National Will Register produced a report in 2023 which revealed that over half (56%) of UK adults don’t have a Will! Interestingly, men are more likely to have made a Will and discussed it with their loved ones than women. 

Reasons given for not making a Will were that they ‘hadn’t got round to it yet’ and that they ‘didn’t have enough to leave’ in a Will. One in ten felt that their estate was too simple to need a Will and another one in ten said that they didn’t know how to make a Will. Of those that had made a Will, the majority were over 55!

Let’s address some of the reasons for not writing a Will.

‘Haven’t got round to it’

There’s a misconception that writing a Will has to be time-consuming. It doesn’t have to be. If your situation is straightforward, you could use a DIY Will template with standard sections and legal terms. 

‘Don’t have enough to leave in a Will’

Wills cover more than just what you own – you can appoint guardians for your children, specify funeral wishes or state your wishes for your pets. Importantly, you can tell your loved ones about your wishes which gives them peace of mind and stops them guessing what you would have wanted. Your Will can also deal with your wishes for leaving any sentimental items and how you’d like your digital assets (e.g., social media accounts and online documents) to be dealt with.

‘Don’t know how to make a Will’

Many people think it’s really complicated to make a Will. Depending on your circumstances, it could be. But, if your situation is relatively simple, you could use Lawpack’s DIY Will Kit which gives you all the information you need to help you make a valid Will. It contains a solicitor-approved Guidance manual and a choice of forms with standard wording meaning you’re less likely to make a mistake. 

‘Too young to make a Will’

If you’re over 18, you can make a Will. If you’re in a relationship or you own property or you have children it’s even more important to make a Will. 

Writing a Will can save your loved ones from the heartache and trouble that is often caused by dying without one. Many people think it doesn’t matter if they don’t write a Will as all their money, property and possessions will automatically go to their loved ones anyway. Unfortunately, it isn’t always as simple as that. If you don’t have a Will, your assets will be distributed according to the intestacy rules. Under the intestacy rules, unmarried partners and close friends can’t inherit, so they could be left with nothing. With your loved ones’ financial security at stake, why would you leave it to chance? 

There are many reasons to make a Will. Here are the top 10! Read on to find out more.

1          You decide what happens to your money

If you write a Will, you have full control over how your money, property and possessions will be distributed after your death. You can also include information about your funeral plans, such as whether you want to be buried or cremated.

2          You can write a Will yourself (and it doesn’t have to be expensive!)

If your situation is straightforward, you might be surprised to find that there are a number of affordable alternatives to using a lawyer to write your Will. There is a range of options to suit every family and every financial situation. Using a DIY Will template is a particularly cost-effective way to make a Will. It’s a good idea to use one with standard sections and legal terms so that your wishes are not misinterpreted.

3          You might not want the intestacy rules to apply

The intestacy laws may not correspond with your wishes. If you die intestate, the management of your affairs is then placed in the hands of court-appointed administrators. The rules of intestacy are complex, but broadly speaking, the bulk of your estate will go to your spouse (or registered civil partner) or, if none, to your children (whether or not they are adults) and, if none, to other specified blood relatives. Think very carefully about whether this is what you want to happen. 

4          Without a Will unmarried partners can’t inherit from each other

Remember, the intestacy rules do not recognise ‘common law marriage’. Cohabitation does not have the same rights as marriage. If you’re not married to your partner and you don’t have a Will, they will get nothing!

5          You can appoint guardians for your children

If you have children, then you need a Will to make arrangements for your children in the unlikely event that both parents die. Although it’s possible for the court to appoint guardians to look after your children, these may not be the people you would have chosen. Make sure you retain control by making a Will.

6          Prevent family disputes

Sadly, sometimes there are arguments between family members over how to divide up an estate. You can make things much easier on your family by writing your Will and explaining your decisions to your family members before your death. It could save them a lot of heartache. You can leave bequests to beneficiaries in your Will, that way your family won’t have to argue about what they think you would have wanted to happen to specific items. 

7          Minimise Inheritance Tax

Bear in mind that anything you leave to your spouse or civil partner will be exempt from Inheritance Tax. This may affect how you distribute your assets. Using the Residence Nil Rate Band Allowance means that leaving property to your children and grandchildren is likely to lead to a lower Inheritance Tax bill. You don’t want to pay more money in tax if you can avoid it. Making a Will can help you do this.

8          You can name your executors

If you make a Will, you can name the people who will carry out your final wishes. It means you have control over the best people for the job. Although executors can be appointed after your death if you haven’t named any, these may not be the people you would have chosen. By writing a Will, you decide the best person to handle your financial affairs. 

9          You can protect your digital assets

These are things such as music, photographs, websites, emails and social media accounts. Do you want the information to be protected or destroyed? You might want to make sure that your executor has the passwords to these.

10        Leave a gift to charity

If there’s a specific charity you support, you might want to leave them a gift after your death. This is only possible if you write a Will.

Review your Will

Things change. It’s a good idea to review your Will every two years to make sure it still reflects your current wishes. You should also review your Will when you move home, get married, get divorced, have children, start a business, or have a significant change in your financial situation (e.g., an inheritance).

A cost-effective DIY solution: Lawpack’s Last Will & Testament Kit

For more than 25 years, Lawpack has proved you can write your own will without it being expensive. Lawpack’s Last Will & Testament Kit gives you the confidence and the tools to follow straightforward steps to make a valid will without the need for legal advice.

Lawpack’s Last Will & Testament Kit has been approved by solicitors and will provide you with all the information you need to make a valid will. There is a step-by-step solicitor-approved Guidance manual on writing a will and a choice of three ready-to-complete forms for use in England & Wales, Northern Ireland or Scotland. 

This DIY Kit is a good option for those who want to write their own will and need a bit of extra legal guidance, but can’t afford to use a lawyer to help them write their will.

You can make your Will on any scrap of paper, but that doesn’t mean it’s a good idea! There are certain rules that you have to bear in mind when writing your Will so that it isn’t invalid. If you make a Will and it’s not legally valid, on your death your estate will be divided according to certain rules that may not be what you wanted. Take a look at this article for all the information you need about how to make sure your Will is valid.

Requirements for a legally valid Will

In a nutshell, the requirements to make a valid Will are set out below.

You must be:

• over 18 (over 12 in Scotland); and
• of sound mind, i.e. fully aware of the type of document being written or signed, and aware of the value of your property and the identity of the people you wish to inherit your property.

Your Will must be:

• in writing;
• made voluntarily without pressure from any other person; and
• signed by you in the presence of two witnesses in England and Wales, or one witness in Scotland.

At the beginning of your Will, it should state that all previous Wills are revoked. If you do have an earlier Will, you should destroy it to prevent any confusion.

Witnesses

Your Will must be signed by you in the presence of two independent witnesses (one in Scotland). The witnesses must be over 18 (over 16 in Scotland). These could be neighbours, colleagues or friends. The witnesses need to watch you sign your Will. Then the two witnesses must each sign the Will after you. They don’t need to read its contents. A blind person can’t be a witness to a Will as they must be able to see you sign your Will. As well as their signature, your witnesses will need to add details about their name, address and occupation. If there is ever any problem with your Will in the future, your witness can testify that they watched you sign your Will. So, it is important that your witnesses can be traced.

A witness, or the spouse/civil partner of a witness, can’t be a beneficiary of your Will. This means that a witness must not stand to inherit anything from your Will. If either of these people do witness your Will, they will lose the benefit of any gifts, money or property left to them in the Will, but the Will itself will remain legally valid. This means that your intentions will not be carried out and the outcome could be very different from the one you imagined when you made your Will. It’s best that the beneficiaries aren’t even in the same room when a Will is signed and witnessed.

An executor (someone you have named in the Will to manage your estate) or their spouse can safely act as a witness to your Will – unless they are also a beneficiary, in which case another witness must be found.

As soon as the Will is signed and witnessed, it is complete. A Will remains valid even if a witness dies after the Will has been made.

During the Covid-19 pandemic, temporary changes were made to the rules for witnessing Wills. For more information see Can you make a Will by video?.

Signing your Will

If you can’t sign your Will due to a physical illness, it can be signed on your behalf; however, you must be in the same room and it should be signed on your instructions. Also, you must have the mental capacity to make the Will, otherwise it will be invalid.

Any mark that you intend to be your signature is enough for the purposes of signing your Will. Even a thumb print could be sufficient to act as a signature if you have the intention to use it as a signature. This mark still needs to be made in the presence of two independent witnesses.

Scotland

In Scotland, only one witness is needed and the maker of the Will should sign the bottom of each page. The witness should see you sign the document or hear you acknowledge your signature. The witness should sign their name on the last page of the Will and should put their full name and address and the date and place of signing. They should also add their name and address. A witness should not be a beneficiary or an executor appointed by the Will.

Date

Although your Will is legally valid even if it is not dated, it is recommended that it includes the date on which it is signed. This is to avoid any problems with implementing the instructions in your Will. It needs to be clear which is your latest Will and without a date that’s not always possible.

Amendments

You should make sure that nothing is crossed out or amended in your Will. If you want to change your Will, it’s best to make a new Will.

Also, don’t leave any blank spaces in your Will. Make sure that each page is numbered to prevent anyone tampering with it.

Service personnel – privileged Wills

The requirements for a valid Will are less stringent for service personnel on active service. These are called privileged Wills – this is an informal Will that is valid even though it doesn’t meet all the formal requirements. They can be made at short notice, for example, when you are about to put your life at risk.

A cost-effective DIY solution: Lawpack’s Last Will & Testament Kit

For nearly 30 years, Lawpack has provided a cost-effective, DIY way of making your Will. Lawpack’s Last Will & Testament Kit gives you the confidence and the tools to follow straightforward steps to make a valid Will without the need for legal advice.

Lawpack’s Last Will & Testament Kit has been approved by lawyers and will provide you with all the information you need to make a valid Will. There is a step-by-step solicitor-approved Guidance manual on writing a Will and a choice of three ready-to-complete forms for use in England & Wales, Northern Ireland or Scotland.

This DIY Kit is a good option for those who want to write their own Will and need a bit of extra legal guidance, but can’t afford to use a lawyer to help them write their Will.

Are you and your partner are on the same page about how you will provide for your children should one of you die? If yes, can you just make one Will together? The short answer is no. There is no such thing as a joint Will because two people can’t make their Wills on one document. However, you can agree with your partner to dispose of your estate in exactly the same way. These are called Mirror Wills. They are two separate legal documents that contain almost identical clauses. They are the most popular and cost-effective option for couples because they generally leave everything to one partner on the first’s death and then to their children in equal shares. You don’t have to be married to make Mirror Wills; you could be in a civil partnership or a long-term relationship.

What is a Mirror Will?

A Mirror Will is a legally binding Will that is almost identical to the contents of your partner’s Will.

What are the advantages of a Mirror Will?

 A couple may wish to get a Mirror Will if they want one of the following things to happen:

• if one partner dies, the other will be entitled to the deceased’s partner’s entire estate; and
• when the remaining partner dies, the estate will then be passed to any children.

Mirror Wills can be used for blended families and second marriages where the couple wants to leave everything to the other on the first’s death and then to their respective children when both members of the couple have passed away.

Mirror Wills are relatively easy, quick and cost-effective to set up, as both spouses or partners make similar wishes. The Lawpack Mirror Wills Kit is drafted to provide for legacies and gifts that can apply whoever dies first, and for legacies and gifts that will apply only on the death of the second. For example, you may want to give sentimental items such as jewellery to children, whoever dies first, but only want a gift of the house to take effect when both partners have died.

Mirror Wills also provide flexibility should family situations change.

What are the disadvantages of a Mirror Will?

 As each Mirror Will is a separate legal document, partners are free to change their Wills whenever they want, without the agreement or consent of the other partner. Partners can change their Will while both are still alive or after the first has died. There is no obligation for either to stick to the terms of the Mirror Wills. So you need to be sure that you can trust your partner or spouse to carry out your wishes after your death and not change their mind and change their Will. There could be a situation where the surviving partner does not stick to the agreed terms, and children or stepchildren could be left out and not receive a share of their parent’s assets.

However, if a spouse remarries after your death, then their existing Will will be void and they must make a new Will. Again, you must be able to trust your spouse to carry out your jointly agreed wishes after your death and in the event of their remarriage.

Protecting your Mirror Will

You must remember that if you change one party’s Mirror Will, you must also change the other. It is probably sensible that if you create a new Will, you destroy the old one to avoid any confusion in the future.

Make sure you include at least one substitute executor to ensure that the Will is still valid if both partners die at the same time.

Mutual Wills

If you don’t want to have the uncertainty that may arise with a Mirror Will, it is possible to create a so-called ‘Mutual Will’ agreement where you and your spouse or partner agree that during your lifetime you will not change your Wills without each other’s consent. Then, on the death of the first person, the assets of the estate are put into a trust. This means that the trust will hold all or some of your estate in the trust and appoint a trustee to be in charge of the trust in the event of your death. A trust includes a beneficiary who is legally entitled to the contents of the trust. It is the trustee’s duty to make sure the beneficiaries receive what’s in the trust.

Of course, making Mutual Wills is more complex and costly than making Mirror Wills. Mutual Wills are not common and can cause significant problems. If you do think you want to enter into a Mutual Will agreement then you should consult a solicitor.

A cost-effective DIY solution: Lawpack’s Mirror Wills Kit

For nearly 30 years, Lawpack has provided the means for writing your own Will legally and at little expense. Lawpack Mirror Wills Kit for couples gives you the confidence and the tools to follow straightforward steps to make a valid will without the need for legal advice.

The lawyer-approved Lawpack Mirror Wills Kit for couples provides Mirror Will forms that have been drafted to make the creation of Mirror Wills a straightforward process. It is assumed that you wish to name your spouse or partner as your main beneficiary and name an alternative beneficiary if he or she predeceases you, but it is possible to alter the Will Form to make a different provision.

Lawpack Mirror Wills Kit for couples has been approved by lawyers and will provide you with all the information you need. There is a step-by-step Guidance manual on writing a will for use in England & Wales or Scotland.

This DIY Kit is a good option for those who want to write their own will and need a bit of extra legal guidance, but can’t afford to use a lawyer to help them write their will.

If you’re shielding, self-isolating or have another vulnerability it could be a problem to meet all the legal requirements for making a will as you usually need to be physically present with your witnesses when you sign your will. The covid-19 pandemic has meant coming up with inventive solutions for those extremely vulnerable people when they need to create a valid will. The government responded to these problems and allowed wills to be witnessed by video link on a temporary basis. The good news is that vulnerable people in England and Wales can continue to have their wills witnessed by video link until 31 January 2024. One important point to note is that this should be used as a last resort, and if it’s possible to arrange physical witnessing then that’s recommended. But can a will made by video be legal? Check out our handy guide for all you need to know to make sure your video will is valid.

Do witnesses always have to be in the same room to make a legal will?

The law already said it was perfectly legal to witness a will through windows, from a corridor or adjacent room with the door open or outdoors from a short distance. The important thing is that the will maker and the witnesses have a clear line of sight of each other.

What do I need to do to make a valid legal will by video?

The type of video-conferencing software used or the device isn’t important. What is important is that the will maker and the two witnesses have a clear line of sight of the writing of the signature. The witnesses can’t witness a pre-recorded video. They must see the will being signed in real time for the will to be valid. For your own peace of mind, make sure you record the video and witnessing process. This will protect you if the will is challenged and provide evidence for the court to show there was no fraud or undue influence.

Will a video will hold up in court?

Yes, but you need to follow a set of strict rules. Here’s a summary.

• The will maker ensures the two witnesses can see them, each other and their actions.
• The will maker asks for a recording of the witnessing to take place. The will maker could use the following phrase: “I [first name, surname], wish to make a will of my own free will and sign it here before these witnesses, who are witnessing me doing this remotely”.
• The will maker holds up the front page of the will to the camera to show the witnesses, and then turns to the page they will be signing and holds this up.
• The witnesses must see the will maker sign. They must see the will maker physically writing their signature, not just their head and shoulders. The will maker can say: “This is my signature, intended to give effect to my intention to make this will”.
• If the witnesses don’t know the will maker, they must ask for confirmation of their identity (eg, passport or driving licence).
• The witnesses confirm that they can see and hear the will maker, and that they understand their role. If possible, the two witnesses should be physically present with each other in the same room at the same time. Otherwise use a two- or three-way video link.
• The signed will is then physically taken to the two witnesses (or it could be done by post) for them to sign, ideally within 24 hours. It must be the same document that the will maker signed. A fully valid will is only made when the will maker and both witnesses have signed it. A partially completed will is not legal.
• Then there needs to be another recorded video call. The two witnesses must sign the will. The will maker must see them both sign the will and acknowledge that they’ve seen them sign it. Witnesses should hold up the will to the will maker to show them that they are signing it and should then sign it. It’s important that the will maker sees the witnesses actually writing their names. If the two witnesses are not physically together then this process has to happen twice. Once for each witness.
• The witnesses should hold up the signed will so that the will maker can clearly see the signature and confirm to the will maker that it’s their signature.

Are e-signatures ok to make a valid will?

No. E-signatures are not allowed. Signatures must be ‘wet’, which means that they must be physically written.

What’s the plan for the future?

There’s a possibility that these provisions will be extended and it opens the door to reform in the way that wills are executed. Perhaps this will lead to long-term digital execution to create legal wills.

What about Scotland and Northern Ireland?

In Scotland, only a lawyer can act as a witness via video conference. In Northern Ireland, you need specific instructions from a lawyer to witness a will by video.

Why should I make a will?

A valid legal will is a crucial document that will see your wealth distributed in exactly the way you want once you have passed away.

Put it like this, you wouldn’t want somebody to get their hands on your money, property or assets while you are alive without your permission, so why should you in death? Don’t let your money end up in the wrong hands because it might be simpler than you think to create a valid will without it costing you loads of money.

You’ll probably want your children or close family to benefit. There are plenty of ways for you to make a legal will. Check out our article on how you can make a will without a lawyer for a list of cost-effective options.

A cost-effective DIY solution: Lawpack’s Last Will & Testament Kit

For nearly 20 years, Lawpack has proved you can write your own will without it being expensive. Lawpack’s Last Will & Testament Kit gives you the confidence and the tools to follow straightforward steps to make a valid will without the need for legal advice.

Lawpack’s Last Will & Testament Kit has been approved by a solicitor and will provide you with all the information you need to make a valid will. There is a step-by-step solicitor-approved Guidance manual on writing a will and a choice of three ready-to-complete forms for use in England & Wales, Northern Ireland or Scotland.

This DIY Kit is a good option for those who want to write their own will and need a bit of extra legal guidance, but can’t afford to use a lawyer to help them write their will.