Why should I make a will?

• To ensure your property is disposed of in the way that you would wish (see ‘what happens if I die without making a will?’)
• To make sure your family is properly looked after.
• To deal with the complications of divorce or multiple marriages.
• To make best use of the inheritance tax rules.

What happens if I die without making a will?

This is known as dying intestate – and it means you have no control over what happens to your assets after you die. The Court will appoint administrators (usually your closest living relatives) to manage your estate. In most cases, the bulk of your estate will go to your spouse or, if you don’t have one, your children or other close relatives. In some cases, your possessions may go to the Crown.

Can I write my will myself?

It is perfectly possible and lawful to make your own will. However, it is also very easy to make an error, which might completely undermine your intentions. So, it’s always wise (and generally not expensive) to consider taking professional advice in the drafting of the will.

Who should witness my will?

You need two adults to witness your signature and sign your will. This may include your executor, but not your spouse or anyone who is a beneficiary under the will.

If I want to change my will, can I just amend the existing version?

No. To avoid the risk of confusion, you should prepare a new will, making it clear that it replaces any previous versions – and destroy any copies of the old will.

My partner and I are not married, but we live together. Does the law treat us the same as a married couple?

No – not yet. It’s very important for unmarried couples to make wills, particularly if you want your partner to inherit your share of the property.

What does ‘probate’ mean?

Probate is the process which allows your assets and property to be divided according to the provisions in your will. It means the Courts are satisfied your Executors have the proper authority to carry out your wishes.

What is a Trust?

A Trust is a separate legal entity, which can be created either as part of a will or independently of it. It involves transferring some of your assets to trustees, to be held for the benefit of third parties (beneficiaries). Among other reasons, you might do this as a way of limiting tax liability, of protecting assets, or of safeguarding property until the beneficiaries are old enough to deal with it.

What is the difference between a living will and a normal will?