Making a will - useful tips
Around 60% of people in the UK have not written a will. You may not want to think about death, but if you die without a will your loved-ones may not inherit your assets in the way you would want them to.
November is Will Aid month. If you go to a solicitor which is taking part in the scheme they will draw up your will for free in the hope that you'll make a donation to one of the Will Aid charities. You also get free will registration so it's stored safely.
How to write a will
- You can go to a solicitor, use a will writer or even buy a do-it-yourself will kit. But if the will is not drawn up correctly it can lead to complications and even mean that the will is null and void.
- If you are co-habiting, if you have a complicated family situation or if you want to make provisions for a dependant, it's a good idea to use a solicitor who will be regulated by the Law Society.
- Will writers tend to be cheaper but the industry isn't regulated by the Law Society. If you are planning to use a will-writer, choose a member of the Institute of Professional Will Writers who will be fully insured and trained.
- Some trade unions, charities and banks may also offer will writing services.
What to include in a will
- A list of everything you own, including property, savings, cars, jewellery, home contents, bank or building society accounts, any shares and insurance policies.
- A list of all you owe - mortgages, hire purchase agreements, loans or credit. Take these lists with you when you see a solicitor or will writer.
- Make a note of people or organisations who you want to benefit from your will.
- Decide who your executors will be - those responsible for sorting out the estate and carrying out your wishes. You can also appoint guardians for any children under 18.
Note on Northern Ireland and Scotland
The rules of intestacy in Northern Ireland are governed by the Administration of Estates Act (Northern Ireland) 1955, and vary slightly from England and Wales in terms of the exact divisions between spouse and children.
The rules on intestacy (or 'succession') are very different in Scotland. Click here for more information.
Need help writing a will? A new BBC Two series may want you!
For a new TV series, Sir Gerry Robinson is travelling the length and breadth of the country, looking for families who need help writing their wills. All families featured will receive free advice from Sir Gerry, and from a top wills lawyer.
Would you like some help with writing your will? Is it something you have been deliberately putting off? Have you got a big family? Maybe you are unsure how to divide things fairly or worried it might cause conflict?
If you'd like to take part in Gerry's Legacy TV series, email the team at legacy@talkbackthames.tv
with your telephone contact number, and a short paragraph summarising your dilemma.
Have you made a will? Share your hints and tips with other viewers in the comment box here.
© 2012~RS~q~RS~~RS~z~RS~04~RS~)
Comments
My brother died suddenly at the age of 39 earlier this year without making a will. He had learning difficulties and needed family support throughout his life. Although he had stated who he would want to receive his assets in many conversations with his family, his problems made it difficult for him to undertake the process of making a will.
After his death, we were advised that as he was not married and had no dependants his estate would be shared equally between his surviving parents. Our biological father was not in our lives. But when he was traced he stated that he intends to claim his full entitlement despite, to the best of our knowledge, not having seen my brother since 1991. In the circumstances of this case, this rule has created a deeply unsatisfactory result.
Jeremy, Harrogate
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Members of Trade Union UNISON, can get a free will made through UNISON. As all the cost is covered by your members fee.
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This information DOES NOT apply in SCOTLAND
In Scotland:
If you make a will the spouse loses Prior Rights where if there is no will all goes to the spouse.
If you make a will, then you lose the Prior Rights and the children inherit a part of the estate.
You should have stated that the information you gave was for England, and does not apply in scotland.
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I am a Solicitor specialising in Wills and Probate. I see a lot of Wills and many bought from a Stationers have not been correctly witnessed. If you use one of these Wills please ask a Solicitor to check it. I do not charge for this service and hope there are other like-minded Solicitors. The best option is for a Will drafted by an expert who knows the law.
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Only saw the last few minutes of the item about making a will, has the family considered asking the trustees of the children's trusts, whether it can buy all or part of the family house (house would be held in trust for the future benefit of the children) and the family would be able to continue living there.
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Why is it that we are all told that we MUST make a will to pass on whatever to the people we care about, but it costs so much? Can't our wishes, as long as witnessed by people we trust, be set in stone, and not ruled by such a complicated system of rules that cost a FORTUNE to enforce? When I die, I want to leave my worldly "things" and cash to who I want. Is this system of ours just a way to guarantee easy cash for solicitors? Why is this complicated system still enforced by British law?
Lyndon Holloway.
Worcester.
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I have been a financial adviser for 25 years. I was asked to produce a sign for my managers desk. I remember it to this day.
WHEN YOU DIE, DO NOT LEAVE ALL YOUR GOODIES TO THE BADDIES - MAKE A WILL!
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I have to disagree slightly with the above statement. I see Sir Gerry recommends solicitors. He also refers to the Institute of Professional Will Writers. There is no mention of the Society of Will Writers who like myself are a full member of that society and also am fully covered with insurance and carry out ongoing training regardless of how long myself and other members have been in Will Writing profession. I agree that all members should make sure that whoever writes their wills is covered by insurance and members of an organisation which demands the highest standards and professionalism.
Also the recomendation t use solicitors for complicated estates again seems to be biased. Reason for this is Will Writers like myself and many others specialise in just Wills and therefore are just as able to advise a person on all aspects of Will Writing.
I think that the whole country has been brainwashed into thinking only Solicitors can write wills when this is certainly not the case. There are countless stories about Solicitors being in trouble for their service in willwriting and i think that it is about time that the Will Writers in this country get recognised alongside and give the public a choice but until the public are informed of this and not constantly hearing to use a solicitor i fear that the law society are just trying to corner the industry.
Apologies in advance to anyone offended by anything but it is hard fro those of us who dedicate our lives to the will writing industry to keep getting brushed aside.
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I made a will and consulted a solicitor. But as I have no relatives now and live on my own in a council flat I'm worried that the charities who I have been designated as the beneficiaries will not get the items and funds which are due to them. This is because even though a copy af the will is deposited with my council office and the original with the main beneficiary. I have seen council workmen enter flats by force after residents have died and just clear out properties to dispose of the contents at refuse tips. I also know from experiance how incompetant local authority staff are at record keeping. At the time of my death there will considerable finances running into many thousands pounds in the form of stock market shares, bank accounts and cash in my flat. Is there any thing else i can do to ensure those who should benifit do. Also prevent incompetant/dishonist officials from frustrating my wishes?
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My father passed away just over a year ago, without writing a will and believed that his estate would automatically come to my brother and myself. He had been divorced from my mother for many years and left a small house, partly paid for from the sale my mother's and his former marital home and the rest from a paid-up mortgage.
My father had a 'partner' of many years who shared the house but she never declared herself to the benefits agency as being his partner as she was in receipt of both state benefits and a substantial widows pension from the death of her former husband, which sustained her comfortably.
After my father's death, both my brother and myself made a verbal agreement to her that we would give her a substantial share of the property upon its sale, because of the time she was with my father and because we are very fair people. We also agreed that she was welcome to live in the house for as long as she liked, without any rental, but she has now decided to go and live with her daughter.
My brother and I have now received instructions from a solicitor employed by her to advise us that she is likely to be entitled to more than half of the house (she negated to tell him the circumstances that she was living in, and has informed my brother and myself that she had told some 'white lies' to the solicitor - one being that she had paid 'all the bills and all the mortgage repayments from the start' which is untrue).
Whilst my brother and I are still willing to uphold our verbal agreement, it somewhat irks that we are being threatened with legality. What would be the legal stance on this?
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This comment was removed because the moderators found it broke the House Rules.
In relation to your query Kalamityjane. Was your fathers partners name on the deeds of the house? are there any letters stating his wishes that she had the house? Also this is the exact reason why so many estates get wrangled in the legal system. If you die intestate(without a will) there is a guideline that is followed called the laws of intestacy act. If they were not married then usually they get nothing, and the guidelines are followed. But in lots of cases these days there are far deeper legal arguments made in court and a lot of the time can come down to the judges interpretation of events. I would suggest you take legal advice of your own on this situation as a Will Writer all i can say is a Will could have saved a whole lot of trouble and stress for your family but i fear that if your fathers partner of many years can prove any of her story she may find a decision in her favour.
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Various Trade Unions and other organisations will provide a FREE Will writg service to their employees. However we have to remember that this free servcie is only for a Basic Will, and any Inheritance Tax and protection from Care Home Costs planning is not included in this free service.
It is very important that, even if there is a cost involved, proper legal advice is sought to make sure that our loved ones are properly cared for.
It is also worth bearing in mind that Solicitors offering a free Will writing service will often insist that they are appointed as Executors to the Will. The same goes for Banks who offer a free Will writing service their customers, not only do they insist on being appointed as Executors, but at the time of Probate, they charge extortionate fees, even more than Solicitors.
Tehsin Aslam
Managing Director of Abacus Will Writers
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My husband died on 29th Dec 1998. He left a valid will making two solicitors the executors of the will. It is almost 11 years and the estate has still not been dealt with. There was nothing complicated about it. There was still tax outstanding at the time of his death and I paid that myself directly to the tax office. I thought that there was a time limit set by law in which the estate had to finished. I thought everything would be finished before christmas but it now seems that it won't. It just drags on and on.
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One thing that is not added about making a WILL is that if you own property abroad you willalso need make a WILL relating to the country your property is in. eg. In Portugal you will need seperate WILL from your UK one. If one of you dies and no WILL has been written the property goes to your children, and not the surviving partner.
One completing your WILLS ensure you also have a LETTER OF WISHES relating to your WILLS as this is what your Trustees see after your death.
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I feel that it's important to bring some balance to some of the above comments regarding whether it's sensible to use a solicitor or an independent Willwriter to draw up your Will.
Firstly, I must declare my interest in that I am a specialist independent Willwriter and have been writing Wills, Trusts and other related legal documents for over 22 years. During that time I have seen both good and bad Wills drafted by both independent Willwriters and solicitors.
It's also fair to say that some independent Willwriters are extremely competent and have excellent knowledge and technical skills gained through extensive training and verified through examinations. As they are preparing Wills on a daily basis, usually without the distraction of other matters, they often prepare a greater volume of Wills than many solicitors and become true specialists in their chosen field. In the same way there are many solicitors specialising in Wills that are equally competent.
However, what the unsuspecting public is unaware of is that many solicitors, although they have a law degree and practising certificate, do not specialise in drafting Wills and Trusts. They either focus on other areas of law or are simply 'legal GP's'. To suggest that all solicitors are fully up to running speed in preparing Wills is incorrect. However, if something does go wrong their drafting work is covered by the Law Society compensation scheme.
There are also a number of unscrupulous independent Willwriters who operate with little if any training, have no professional indemnity insurance in place in case something goes wrong and do not operate under any form of regulation. These are to be avoided.
But just how do you spot a good independent Willwriter? The best way is to use a member of the Institute of Professional Willwriters (IPW) - see www.ipw.org.uk - as all of its members are well trained, examined, hold professional indemnity insurance and are the only independent Willwriters operating to a strict Code of Practice in conjunction with the Office of Fair Trading. The IPW is a members organisation run by a democratically elected Council and it has been lobbying hard for full regulation of all Willwriters.
There is also the Society of Willwriters. This 'Society' is actually a company limited by guarantee - rather than a members organisation - owned by a board of directors. Its subscribing 'Members' do have professional indemnity insurance and many of them are extremely competent. However, as yet, the Society does not work to the guidelines of any externally verified Code of Practice - but does have its own internal Code.
Finally, I would strongly advise the public to avoid the temptingly cheaper DIY and internet Wills. The disadvantage of both these methods of making a Will is that without personal advice important matters often get completely overlooked and the wrong choice of words may cause severe problems. I have seen all too many badly drafted Wills of this type. A Will is far too important a document to entrust to DIY or internet drafting methods and specialist advice is absolutely vital.
Rod Fisher
Wealthguard Wills
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Well done The One Show for bringing this issue to the fore.
At Brethertons we see the mess left behind when there is no valid Will left. In fact we have a whole team who deal with these sorts of problems.
Why would anyone want to leave such an important matter to chance?
The true cost will only be known when it's too late and your family are left to try and resolve the issues left behind at a time when they are already going through the painful process of grieving.
Many firms provide a fixed fee. Many have participated in Will Aid this month, and nationwide scheme under which solicitors provide their time for free in return for a donation to charity. Some charitable schemes actually pay for Wills to be prepared.
Alternatives are www.LawSense.co.uk where you can complete a will (and many other documents) in the comfort of your own home, which is checked by a real life lawyer for you, and this is for a very clear fixed fee. Well worth paying for peace of mind.
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Please beware of hidden costs for storing Wills. Most Solicitors will not charge for this service, but I've seen lots of Estates where (sorry - but particularly Will Writers) charge huge fees for storing and releasing Wills when someone dies.
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Well done for raising this important issue.
I would like to draw attention to the assumption that patients will have support and advice to put their financial affairs in order when they in palliative care. Even though we have all watched scenes in films of deathbed marriages and assistance to write or change wills, (many an Agatha Christie story covers this) this does not happen in reality.
Please don't leave it too late to put your affairs in order. Do it now before you become ill. If you worried about losing a couple of hundred quid paying a solicitor, try and imagine what it must be like to lose thousands like the mother in the One Show programme.
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Make sure you identify where your assets are and trust nobody to "Do the right thing"
My husband made a will leaving his money and property to our children, the will states "wherever situate". The year before the will was drawn up and during our divorce proceeding he had passed money and property to his father for "safe keeping". When he became ill and housebound he continued to allow his father to deal with his money. A year after his death when my children received their "inheritance" all that had been identified was the contents of his current account. This left approximateley £25000 unaccounted for. After 3 years of denying any knowledge of his sons money, and claiming the property passed to him was a gift, my husbands father has now admitted having £14000 but is also claiming this was a "gift"!! The situation is, (very expensively) ongoing.
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We are very grateful that The One show has run this article with reagrds to Will Writing. We sadly see the all too real side of things when people die without making a will. We have a Company that deals in Will Writing, Probate and Trust & Estate Planning.
The facts shown in your programe are very real and the show highlighted just how much of a problem this can be. Writing your Wills is not the easiest thing to do, but by recieving advice on a One to One Basis in the comfort of your own home, we find that this makes it easier with our clients to give this the time and attention it desreves .
When writing your wills ensure that a few simple steps are covered.
Is your Will Writer suitably qualifed,
Will your Will be registered with Will Data, a national database.
Are your Wills going to be held in Safe & Secure Document Storage.
At Trust & Estate Planning Services, we ensure that these points are covered as part of our business procedures to ensure that not only is the will correclty completed but it is also looked after correctly, ready for the day when it may be needed.
If anyone reading this link would like to recieve any advice on this or make a will then please feel free to email: [Personal details removed by Moderator]
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I enjoyed your programme and agree with other comments that it is good to talk about this issue. In the write up you refer to The Institute of Professional Willwriters as being fully trained however what is 'fully trained'. We all know that solicitors are trained and externally assessed but these 'in-house' qualifications are not the same. Consumers should be aware of this. I could set up a company like this tomorrow and offer my own 'qualifications' but that doesn't give me the right to say they are 'fully trained'. I would stick to a solicitor.
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This comment was removed because the moderators found it broke the House Rules.
The importance of making a Will will always be relevant until the Law changes the rules on Intestacy. The emphasis will always be on proactivity rather than waiting and seeing.
Along with your programme there are now many ways to get information about how to make a Will.
The internet provides so much information, there is simply no excuse to be in the dark.
For instance you can download a Will Questionnaire or read up on a firm who will prepare your Will from a face to face interview either in your home or in their office. You should also be able to find full disclosure of fees for such services on their websites or by picking up the phone.
A word of warning about some so called Will Writers, who are not Solicitors or Legal Executives. They are the masters of hidden costs and ongoing recurring costs. If you are thinking of using one, ask for full information of ALL their fees ( incliding the cost of acting as your executor) before you choose whom you will instruct to carry out your instructions for your Will.
Solicitors by and large don't bite. The benefit of having a Will properly drafted to carry out your wishes after your death cannot be underestimated.
Peace of mind is priceless
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I believe that if you make a will before you are married then it is no longer valid after your marriage and you need to make a new one.
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I am interested in becoming a willwriter myself and have discovered that the only body who offers nationally accredited qualifications is the Fellowship of Professional Willwriters and Probate Practitioners, and yet I see no mention of them here. Surely this body has got it right in terms of consumer protection?
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It is disappointing that this discussion has degenerated into a points scoring match between solicitors and willwriters - with a degree of mis information from both sides to support their case.
Its no wonder the public are confused - and don't make a Will.
Lets hope that Gerry Robinson finds time in his program to explore the pros and the cons of the different ways to make a Will - and presents it in a clear and balanced way.
Paul Sharpe
Chairman
Institute of Professional Willwriters
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Is it possible to appoint our own children( who will be beneficiary along with married partner) as executors of will ? or to appoint professionals( solicitors or banks) or friends as executors ?
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I agree in some things with what Paul Sharpe is saying, in regards to the public being confused. I know about the IPW and know quite a few of their members. as a member of the SWW I also agree that the public needs to be more informed about what is happening.
I Also agree with what Paul Hajek Clutton Cox Solicitors are saying about charges. Make sure you know ALL fees payable before signing any documents.
In regards to the post by Lara about the Fellowship of Professional Willwriters and Probate Practitioners. I am trying to understand where you get this information that they are the only body who offers nationally accredited qualifications???
I am a Will Writer and as such dedicate my time to ensuring that clients get all the information they need to make a decision on where they wish their assets to go after they are no longer around. That is the utmost importance of my role. Solictors and Will Writers (ones that follow guidelines and fully insured) BOTH have a duty to ensure that a client gets the best possible service and understands everything that is available to them.
The whole point of this show is for the public to be AWARE of the importance of having a will and the dangers of NOT having one.
Apologies if some members of the public are seeing this as a Will Writer Vs Solicitor debate. IT IS NOT THAT AT ALL. Just be sure that WHOEVER writes your will now or in the future is giving you the best advice.
Regards
David
Full Member Society of Will Writers
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The information that I relayed about the Fellowship of Professional Willwriters and Probate Practitioners being the only body who offers nationally accredited qualifications can actually be seen on their own website. It is of course true that the Institute of Professional Willwriters and Society of Willwriters offer training and qualifications but this is all ‘in-house’ and does not carry as much weight surely as qualifications that are nationally accredited by the UK’s leading awarding body.
I am sure there are a multitude of willwriters, no doubt like yourself, whose main priority is providing good advice and consumer protection but because the willwriting industry is unregulated there are also plenty of willwriters out there who do not have such integrity or good knowledge about how to actually write a will.
Without government regulation and nationally accredited qualifications, how is the public meant to know who they can trust to give them the best advice?
I agree that the issue of having a will versus not having a will is important here but surely having a badly written will is just as bad as, if not worse than, having no will at all.
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ha ha ha ha ha ha ha ha ha ha.
It is my name [part of]. Which you will find, probably has more permutations than any other name, ultimately confusing, could lead me to writing a will early if the confusion gets the better of me.
In fact, why is the statement declaring the passing on of goods similar to one of the most used words, which is also name, in English language. Not that I ever think about it at all.
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Will aid :) The meaning of that is even asking for trouble!??
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The full title is not Will its Last Will and Testament. Also its highly recomended that all people write a LW&T when they reach the age of 18. You and others may not think of it but think about the family you have whether it be parents brothers, sisters etc. They will be in moaning and would also have to deal with solicitors etc who will be left to deal with your estate and they will get a large share if not all of what you have if you have a small estate and leave your family nothing.
A LW&T is not i "NEED" in my book its a "MUST". Unforunatly this is a major problem in this country and one reason why most Solicitors and other organsations can make a LOT of money from Probate of intestate people.
A recent survey has indicated that two thirds of UK adults do not currently have a Will.
Furthermore, 90% of those who are intestate are relatively unconcerned about the fact.
look at national stats. I read the latest online one i could find and 16% of all who died in 2005 were between ages 20 and 64.
Now seeing as majority of people that DO make wills are usually over the age of 65 and pensioners 16% is a huge stat of what we call working ages.
If anyone wants to check this and correct me if i am wrong please do so. A Will is an extremely important document and NOT something that should be an afterthought
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the link i got this onformation from is
http://www.statistics.gov.uk/downloads/theme_health/Dh1_38_2005/DH1_No_38.pdf
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sorry guys found the new one for those that are interested in seeing how important a Will is
http://www.statistics.gov.uk/downloads/theme_health/DR2008/DR_08.pdf
Page 5
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We all have a natural instinct to live, its very difficult for a person to sit down and write a will unless they have reason to believe their time is near, I can't imagine someone in their 30's actually writing one.
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surely a joint bank account would save all this bother and the need for paying lawyers to set up power of attorney?
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This comment was removed because the moderators found it broke the House Rules.
I am a Solicitor and member of Solicitors for the Elderly and the Society of Trust & Estate Practitioners however I am more concerned with encouraging people to make Wills rather than points scoring!
George - Your Will ends upon marriage unless the Will states that it is made 'in contemplation of marriage'.
Mithila323 - You may appoint anyone you wish to be an Executor it doesnt matter if they are also a Beneficiary. Make your decision based upon who you trust to deal with the administrative matters on behalf of the beneficiaries.
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A friend of mine died suddenly and very young. The Will side was bad enough to sort out, but it was a combination for his wife of finding all the financial details eg life assurance, mortgage cover etc (he took care of all this while she was concentrating on their very young kids) and him leaving no diary or personal letters or messages. Can I encourage people to store all these kinds of things somewhere safely maybe online or with their Solicitor as well as the actual legal document? There are places online that offer a great service and you should also store details of where your Will is lodged with one of the data storage services in case all your close family dies with you (heaven forbid) and your Executors can find the details quickly.
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