Making a Will
Making a will is an important step for everyone, no matter your age or health. Many only consider it after a health scare or loss, realising the importance of protecting loved ones and assets.
But making a will isn't scary—it's empowering. It's about taking control of your future and ensuring your family's security. It brings peace of mind, knowing your estate will be distributed as you wish.
At Lawhive, our network of expert wills, trust, and probate solicitors is here to help you make a will quickly and affordably, so you can free up your mind and get busy living.
Contact our legal assessment team today to get a free quote for our services.
What is a will?
A will is a legal document that outlines how you want your money, property, and possessions distributed after your death.
Can I make a will without going to a solicitor?
You can make a will without a solicitor and you may consider doing so if your estate and wishes are straightforward.
However, using a solicitor to make a will can bring you peace of mind in knowing your wishes are accurately reflected and the document is legally binding.
When you make a will with a solicitor, they’ll review it to make sure it’s free of errors or ambiguity, both of which can lead to will disputes and legal complications in the future.
A solicitor can also help you make sure you don’t pay more Inheritance Tax than you need to - an important part of estate planning!
How much does it cost to make a will?
How much it costs to make a will depends on how you go about it and the type of service you need.
The average cost for a licensed solicitor to make a single will range from £150 to £180, but in some more complex circumstances, it could cost as much as £270.
It may be cheaper to make a will yourself online. However, it’s important to do your research before engaging with these services to make sure the will you make is legally binding.
Who can witness my will?
To be legally valid, a will must be signed by you (the testator) in the presence of two witnesses, who also sign it to confirm its validity.
Wills must be witnessed correctly by the correct people in the right way. If not, the will may be deemed invalid and your wishes won’t necessarily be followed.
Can I update my will?
You can and should update your will regularly, especially following certain life events like marriage, divorce, or the birth of children.
You can legally update your will with a codicil if the updates are small. Or, if significant life changes have happened, you might choose to make a new will altogether to avoid confusion.
What happens if I die without a will?
If you die without a will, the law decides who gets what by applying the rules of intestacy.
Sometimes, the rules of intestacy may reflect what you would have put in your will anyway. However, in other cases, it may be that the way the law applies does not align with your wishes, making it important for you to make a will.
What should I put in my will?
Your will should say:
Who you want to benefit from your will, including if you want to leave money to charity
Who should look after dependent children if you die
Who you want to carry out your wishes after you die (known as an executor)
What should happen if beneficiaries of your will die before you.
There are some things you shouldn’t put in your will that are better documented elsewhere, such as a letter of wishes.
This can be confusing and if you come to make a will and find it’s not as easy as you thought it would be, then it’s a good idea to find a solicitor to help.
Lots of things can complicate the process of making a will. For example, if you share a property with someone who is not your spouse or civil partner or you hold assets overseas.
In all of these cases, a lawyer can support you in understanding the best way to make a will focusing on your goals and wishes, something an online will template most definitely can’t do!
How should I store my will?
Legally, you can store your will anywhere, but it’s important to tell your executor, a trusted friend, or a relative where it is so they can find it when needed.
The best places to store you will include:
Storing your will at home or in a bank safety deposit box isn't recommended.
At home, there's a risk of your will getting lost or damaged.
Keeping it in a bank safety deposit box might seem like the best place, but it creates complications. Executors can't access the box until probate is granted. However, probate can't be granted without the will, leading to a challenging situation.
What makes a will legally binding?
e For a will to be legal you must be 18 or over when you make it and be of sound mind. You should also make your will voluntarily, in writing, free from undue influence.
When you make a will, for it to be legally binding you must sign it in the presence of two witnesses, who should also sign the same will in your presence.
A will is still legally binding if you are unable to sign it but ask someone to sign it on your behalf, providing it is witnessed correctly.
Why is it important to make a will?
There are lots of common myths about making a will.
The truth is, if you’re over 18 and have capacity, it’s a good idea to make a will regardless of how much money you have, or whether you own property or not because
Without a will, the laws of intestacy will determine how your money, property, and property are distributed - no matter how often or clearly you’ve informally expressed your wishes to loved ones.
If you’re in a relationship and not married (for example, cohabiting), you won’t automatically inherit from each other without a will, leaving your partner vulnerable to financial challenges if you die.
You can use it to make arrangements for your children should you pass away.
It can potentially reduce the amount of inheritance tax payable after you die, leaving more for those named as beneficiaries in your will.
We understand that making a will might not be at the top of your to-do list, especially when life gets busy. But failing to plan for the future could leave your loved ones vulnerable if something unexpected happens.
For expert advice on making a will, reach out to our legal assessment team today. We offer will drafting and full representation at affordable fixed fees through our network of SRA-regulated solicitors. Let us help you take care of this important piece of life admin quickly and easily.
How do I make a will?
Making a will involves several steps, and it's generally recommended to seek legal advice to make sure that your will accurately reflects your wishes and complies with legal requirements.
It may seem a daunting task, but with the help of a solicitor, your will can be a cathartic process and leave you feeling organised and prepared.
Let’s have a look at the steps involved in making a will:
Step 1 - Consider your wishes
Think about how you want your assets to be distributed after your death and who you want to appoint as executors and guardians for any minor children.
Make a list of all your assets, including property, money, investments, and personal belongings. Also, gather information about any debts or liabilities you may have.
Step 3 - Choose your executors
Executors are responsible for administering your estate after your death. Choose individuals you trust to carry out your wishes and handle the administration of your estate.
Step 4 - Draft the will
You can draft your own will using a will-writing template or software, or you can seek assistance from a solicitor or will-writing service. Make sure to include all necessary provisions, such as the distribution of assets, the appointment of executors and guardians, and any specific wishes or instructions.
Step 5 - Sign and witness the will
In the UK, a will must be signed by the testator (the person making the will) in the presence of two witnesses who are not beneficiaries or spouses/civil partners of beneficiaries. The witnesses must also sign the will in your presence.
Once your will is signed and witnessed, store it in a safe place where it can be easily accessed after your death. You may choose to keep it at home in a secure location, store it with your solicitor, or deposit it with the Probate Service.
Can I make a will online?
Yes, you can make a will online using various will-writing services and software available on the internet. These online platforms typically provide templates and guidance to help you draft your will according to your wishes.
While making a will online can be convenient and cost-effective, it's still advisable to review your will carefully and consider seeking legal advice, especially if your situation is complex or if you have specific concerns or questions. A solicitor can provide valuable guidance to ensure that your will accurately reflects your wishes and complies with legal requirements.
How can Lawhive help?
At Lahwhive, we’re on hand to help whether you’re making a will for the first time or need to update an existing one.
Get in touch with our legal assessment team for a free quote today and find out just how issue it is to make a will today.