Though it may be tempting to delay making a will until a later date, it’s essential if you want to ensure your estate is distributed among your beneficiaries without complications.

Here, we take a look at the six basic steps involved in making a will and why it’s a good idea to seek professional legal assistance when doing so.

1. The contents of your will

The first step in creating a will is to have your estate valued and to determine what assets you have to distribute among family and friends. This will involve looking at both your assets and debts to ensure that you have a comprehensive understanding of what you have to leave to your beneficiaries.

2. The distribution of those contents

Having established what assets, including personal belongings, you have to pass on to inheritors; you next need to determine how these assets will be distributed. Most people writing their will have a relatively clear idea of how they want to divide their estate and to whom certain assets will go.

3. Choosing an executor

The executor of a will is the individual who ensures that the terms of the will are carried out precisely and in accordance with your written wishes. The executor should be someone who is willing to assume the role upon your death and that will carry out the role in an impartial manner. They can be family members, a close friend, or a legal representative. It is a good idea to appoint more than one, in an order of preference, should one of your chosen executors pass away before you.

4. Your children and your will

If you have children who are still relatively young, there are a number of considerations you may want to make when writing your will. First, it may be necessary to appoint a guardian for your children. The guardian would be responsible for their care should something happen to both parents. This includes provisions for step children and adopted children and how best to make provision for disabled children, immediately and in the long-term. Secondly, if you’re not convinced that your children are of a suitable age to be made fully responsible for their inheritance, it may be a good idea to appoint someone to manage it for them until they reach an agreed age, or set up a trust fund to be accessed by the child at a certain age (usually at age 21 or 25).

5. Witnessing the will

The final step in writing a will is having it witnessed. To be valid, all wills must be signed and this process must be witnessed by two individuals. Wills also need to be signed by an individual who is doing so voluntarily, without any coercion from another person, and who is in a sound mental state and understands the consequences of their actions.

6. Making the most of professional legal advice

Though it is possible to write a will without any professional legal advice, it is not advisable to do so. It may save you a relatively small fee in the short-term, but it could result in a number of long-term problems that could prove costly to those you have chosen to inherit your estate. These include;

• A smooth and complication-free probate process. If a will is not written by a solicitor, there’s a greater likelihood that problems may occur when it comes to the point when the directions of the will are carried out.
• A will that’s been created or checked over by a solicitor offers peace of mind. You can rest assured that it is correctly drafted and valid.
• Professional legal advisors will help you make the most of your estate. This is particularly important if the estate is liable to pay inheritance tax or have assets which may complicate matters, such as overseas property.
• Will writing can involve some fairly complex legal concepts. For instance, assets left to young children can be protected until they’re of age in a number of different ways, including the use of trusts. Each of these operates in a different way and has its own advantages and disadvantages. A solicitor will be able to advise you as to which is most appropriate for your specific circumstances.

Some life events such as marriage, divorce and separation which would prompt major changes will require making a new will. Minor changes to a will can be covered by a codicil (a legally binding amendment).

If you’d like further information concerning will writing, please don’t hesitate to get in touch with our specialist Wills, Trusts & Estate Planning team on 01256 844888 or email enquiries@lambbrooks.com

Whatever stage you are at, whether you are initially considering making your first will, looking to make changes, or whether you are ready to instruct a solicitor, our team are happy to talk you through your options and advise you accordingly.

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice.  The law may have changed since this article was published.   Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.