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29 November 2009
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Making a will

Jane Kemp

No one likes to think about their own death, but making a will ensures your family won't have to spend months sorting out a complicated financial and legal situation if you die.


Why make a will?

  • You can leave your property, money and other assets to the people you want. Without a will, the law takes over, which could mean family, friends or charities would miss out altogether.
  • Your partner may benefit. Unmarried partners cannot inherit from each other unless there's a will. Your partner could end up with nothing.
  • You can choose your children's guardian. Your children's future is protected if you choose a legal guardian to be responsible for their upbringing in the event of your death. You need to get the person's permission before nominating them, of course. If you don't specify anyone, it will be left to surviving relatives to sort out who looks after your children, and it may be someone you would never have chosen yourself.
  • You can ensure your will is tax efficient. This is important if you've got a lot to leave, and it'ill safeguard the money that goes to your family.
  • You can ensure your wishes are carried out. When you make a will, you appoint one or two executors who will ensure this. Again, before nominating your executors you need their permission.

How to go about it

You can draw up your own using a will-making kit, but this could leave you open to legal challenges if your will is disputed.

If your personal circumstances are complicated and you have children from a previous relationship, stepchildren or perhaps own a business, then you should get advice from a solicitor.

You can ask friends for personal recommendations or contact the Law Society or your local Citizens Advice Bureau for a list of solicitors in your area.

Before visiting a solicitor, make a list of everything you own, including property, cars, jewellery, your home contents, bank or building society accounts, any shares and life insurance. Then make a list of all you owe, such as your mortgage, hire purchase agreements or loans.

Once you have drawn up a will, you can change it later on and it's a good idea to update it as circumstances change, if you have another child, for example, or move house.

You should let your executors know where the latest will is kept. Your solicitor will keep a copy for you or you can deposit it with your bank.

There's more information on the sorts of things to consider when drawing up a will at Directgov.

In Lifestyle

Key financial decisions

Elsewhere on bbc.co.uk

Northern Ireland: making a will
Business: Dangers of not making a will

Elsewhere on the web

Citizens Advice
If I Should Die
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