02 May 2022
A will is a legal document which expresses your wishes as to how your estate is to be distributed after your death. When you come to write your will, it can be difficult to know where to start and what you should include.
Creating a will is vital to ensure your wishes are met after your death and can help ensure your family and any advisors understand how you want your money, property and possessions (estate) are to be distributed.
In this article, NAEO partner firm, Morrish Solicitors, explains what you should include in your will.
What should you include in your will?
In your will you can explain who should inherit the assets from your estate after you die, leave instructions for your funeral, name a guardian for your children, set up trusts to provide for your family, and name an executor of your will who will be responsible for administering the estate and carrying out your last wishes.
Below, we explain 5 things you should include in your will:
- Money / Assets – For many, the main purpose of writing a will is to outline what should happen to their money and assets after they die. When including your money and assets in your will, you need to consider not just what you own now, but also what you may own at the time of your death this is known as your estate. Your estate refers to everything you own this may be made up of any property that you own in your sole name, your car and savings. It can also include, life insurance policies, pension schemes and shares etc.
- Funeral Wishes – You can include your funeral wishes in your will. For example, if you would like to be buried or cremated, where you would like to be buried etc. However, if you are including your funeral wishes in your will, we recommend telling your family to ensure they are aware of this in case they make your funeral arrangements before your will is found.
- Executor of Your Will – An Executor of the will is the person with legal authority to manage a person’s estate after they have died. You can choose anyone you want to be the Executor of your will, but the role can involve a lot of work and responsibility. It’s important to choose someone who is likely to survive you and will act in the best interests of your beneficiaries. For example, you could choose a family member, a friend or a professional such as a solicitor. For more information, please read this article on what does an executor of a will mean.
- Legal Guardian for Your Children – If you have children under the age of 18, you can name who should be their legal guardians in the event of you and their other parent’s death. You should speak to the person or people you would like to be the legal guardian for your children before putting it in your will.
- Name Your Beneficiaries – When you have valued your estate, you should decide how you want to divide your estate. You can name who you want as a beneficiary and there’s no limit to how many beneficiaries you can choose. You may want to consider your partner or spouse, children, family members, charities or organisations.
Ensuring your will is valid
Writing a will is complex and there are several legal requirements that must be achieved for the will to be valid.
At the beginning of the will, it must state that it revokes all others and if you had an earlier will, you should destroy it.
In England and Wales, for your will to be valid it needs to be witnessed and signed by 2 independent adults and dates. These witnesses cannot inherit or benefit from your will, but they can be named as executors.
Beneficiaries of the will, their spouses, or civil partners shouldn’t act as witnesses. Also, beneficiaries shouldn’t be present in the room when the will is signed.
It is recommended you use a solicitor to write your will to prevent mistakes, ensure it is valid and truly reflects your wishes. Please read our article on why use a solicitor to make a will for further information.
Wills & estate specialists
Morrish Solicitors is a long-established law firm based in West Yorkshire providing a range of national legal services. It has a team of fully qualified and experienced solicitors specialising in all aspects of wills, probate and estates. Morrish will support you with your case sensitively and professionally and, as a member of NAEO, you are entitled to discounted rates.
Morrish Solicitor’s Wills and Estate services include:
If you would like to write a will or need legal advice on any of the above matters, please contact their experienced Wills and Estate team on 033 3344 9609 or simply email info@morrishsolicitors.com.
Morrish Solicitors offers services on the phone, via email and in person, so are always available to support you with a range of matters no matter where you live.