If you don’t already have a will, you might be wondering if you should make one. Although it’s a difficult subject to think about, it is really important to make a will regardless of whether you consider yourself to own much. Without a will your money or possessions may not go to the people or places you would have wanted after you pass away.  Knowing where to start and how to make it official can be tricky, so we spoke to one of our advisers to find out what you need to know.

First of all, you’ll need to decide whether to use a solicitor. While this isn’t essential, it’s advisable to consult one or have them check a will you’ve drawn up to make sure it does what you want it to. Any mistakes could cause problems after your death, resulting in costly legal fees. There are some circumstances where it’s particularly beneficial to consult a solicitor, for example if you share a property with someone who isn’t your spouse or civil partner. 

Solicitors will charge for their services, with costs depending on the complexity of the will. They should tell you the cost before they start working with you – speak to a few different ones to find the best price or see if you can access a solicitor through a charitable scheme. 

If you’re over 55, check if you can access free or cheap will-writing through Free Wills Month in return for a charitable donation – this runs yearly in October and March. People of 18 or over can check the Will Aid scheme, taking place in November.  Bear in mind that if your will is complex, you may have to pay some additional fees. Additionally, some trade unions offer members support with will-writing. If you’re considering using a will-writing service, remember that these firms aren’t regulated by the Law Society so there are few safeguards if things go wrong. If you do decide to use one, look out for the Trading Standards Institute (TSI) approved logo code. 

To save time and reduce costs, think about the major points you want to include before approaching a solicitor, including:  

  • how much money and property you have and if any of your possessions are especially important to you;  
  • whether you want any of your money or possessions to go to specific people or organisations after your death; 
  • what you’d like to happen to the rest of your assets. If you have children who are under 18, you should also decide who should look after them. 

You’ll need to appoint executors who will sort out your estate – this is what your money and possessions are called – and carry out the wishes in your will. They will have to collect together all the assets of the estate, deal with all the paperwork and pay all the debts, taxes, funeral and administration costs out of money in the estate. They will need to pay out the gifts and transfer any property to beneficiaries. 

It’s common to appoint two executors in case one can’t carry out the task. Your executors could be relatives or friends, solicitors or accountants, banks, or the Public Trustee. 

To make your will valid you must be 18 or over and not have been pressured to write it. You must also be fully aware of the nature of document, and aware of the property and identity of those who may inherit. You must make it in writing and signed it in the presence of two witnesses, who must also sign the document in your presence. Lastly, it should be dated.  

Once your will is made, keep it in a safe place such as at home, with a solicitor or accountant, at a bank, or at HM Courts and Tribunals Service.  

Remember to review and update your will every five years to make sure it still reflects your wishes – or sooner if there’s a major event in your family, like a marriage or birth. If you marry, remarry or enter a civil partnership, this cancels a previously existing will. Divorce doesn’t automatically invalidate a will made while married – but it does exclude your ex from benefitting if they’re mentioned. 

We understand that this is a complex topic and we’re here for you. Visit www.citizensadvice.org.uk/ for more information on wills or contact us for help to understand the process – give us a ring on 0808 278 7910 from 9am – 5pm, Monday to Thursday and 9am – 4.30pm on Friday.