1ˢᵗ Citizen Lawyer

Make a Will

What is a will?

A mother and her child. Making a Will Online has never been easier
Making a will has never been easier. Try Willing® Online Wills Today.

 

Your will is a legal document that enables you to decide what happens to your money, property and possessions after your demise.

When you make a will you can also ensure reduce your Inheritance Tax liability leaving more for your family and loved ones.

A will therefore protects your interests and your loved ones when you’re not there to do so.

You can write your will yourself in a few steps online using Willing® Online Wills – an easy and affordable way to write your will online.

If your affairs are complex you should get advice from a specialist.

After writing your will, the next steps are to get it formally witnessed and signed to make it legally valid.

What makes a will legally valid?

For your will to be legally valid, you must:

  • be 18 or over
  • make it voluntarily
  • be of sound mind
  • make it in writing
  • sign it in the presence of 2 witnesses who are both over 18
  • have it signed by your 2 witnesses, in your presence

How do I write my will?

If your affairs are straightforward you can make your will yourself so long as it meets the above mentioned requirement and clearly mentions:

  • who you want to benefit from your will
  • who should look after any children under 18
  • who is going to manage your estate and carry out your wishes after your death (your  will’s executor)
  • what happens if the people you want to benefit from your will die before you

If you’re looking to write your will yourself try Willing® Online Wills. Willing® Online Wills allows you to write your will with step by step guidance from the comfort of your home. Willing® Online Wills is also affordable and easy to use.

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When should I get legal advice for my will?

You should get legal advice if your affairs are complex, for example:

  • your permanent home is outside the UK
  • you have property overseas
  • you have a business
  • you share a property with someone who is not your husband, wife or civil partner
  • you want to leave money or property to a dependent who cannot care for themselves
  • you have several family members who may make a claim on your will, such as a second spouse or children from another marriage

How do I sign and witness a will?

Previously, one could only get a will witnessed in person. That has however changed, and signing can now be witnessed both in person and remotely (for instance, by video conferencing).

Regardless of which way you get your will witnessed:

  • you must have a clear view of the person and the act of signing
  • the will maker (or person authorised to sign on their behalf) and witnesses must sign the same document

You can only sign remotely in England or Wales and not in Scotland and Northern Ireland.

Just so you know you cannot leave your witnesses (or their married partners) anything in your will.

How do I update or change my will?

You cannot amend your will after it’s been signed and witnessed.

If you want to update your will, you need to either make an official alteration (called a ‘codicil’) or make a completely new will.

In both cases you must follow the same signing and witnessing process again.

There’s no limit on how many codicils you can add to your original will.

If you make a new will you should state that it revokes (officially cancels) all previous wills and codicils. You should destroy your old will by shredding, burning or tearing it up.

Where should I store my will?

You can either keep your will at your home or store it with:

You should inform your will’s executor (the person you’ve chosen to carry out your  wishes in the will), a close friend or relative where your will is.

What happens if I die without a will?

If you die without a will (“intestate”), the law will decide who gets what and your estate may become liable to pay more in inheritance tax.

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