What is a Will?
Learn about the importance of having a Will and what happens if you die without one.
Last updated: 1 December 2024
Understanding Wills
A Will is a legal document that sets out your wishes for what should happen to your property, possessions, and assets after you die. It also allows you to name guardians for any minor children and specify how you would like your funeral to be conducted.
Why You Need a Will
Having a valid Will is one of the most important things you can do for your loved ones. Without one, the law decides who inherits your estate through the rules of intestacy, which may not reflect your wishes.
Key Benefits of Having a Will
- Control over your estate: You decide exactly who receives what from your estate
- Protect your loved ones: Ensure your family and dependents are provided for
- Appoint guardians: Name who should care for your minor children
- Minimise disputes: Clear instructions reduce the likelihood of family conflicts
- Tax planning: A well-drafted Will can help reduce inheritance tax liability
- Choose your executors: Select trusted people to administer your estate
What Happens Without a Will?
If you die without a Will (known as dying "intestate"), your estate will be distributed according to the rules of intestacy. This means:
- Your spouse or civil partner may not inherit everything
- Unmarried partners receive nothing automatically
- Stepchildren are not recognised as beneficiaries
- Close friends and charities you care about receive nothing
- The court appoints administrators rather than your chosen executors
Who Can Make a Will?
To make a valid Will in England and Wales, you must:
- Be 18 years of age or over
- Have mental capacity to understand what you are doing
- Make the Will voluntarily, without pressure from others
- Sign the Will in the presence of two witnesses
What Should Your Will Include?
A comprehensive Will typically covers:
- Appointment of executors to carry out your wishes
- Guardians for any minor children
- Specific gifts of money, property, or possessions
- Distribution of the remainder of your estate (residue)
- Funeral wishes and preferences
- Any trusts you wish to establish
When Should You Review Your Will?
It is important to keep your Will up to date. You should review it after major life events such as:
- Marriage or divorce (marriage automatically revokes an existing Will)
- Birth or adoption of children
- Death of a beneficiary or executor
- Significant changes in your financial circumstances
- Purchase or sale of property
- Moving to a different country
Next Steps
Creating a Will does not have to be complicated or expensive. With our online Will writing service, you can create a legally valid Will from the comfort of your home, with expert guidance at every step.
Ready to get started?
Our online service makes it easy to create legally valid documents from the comfort of your home, with expert guidance at every step.