Will Writing

A Will ensures your assets go to the people you choose rather than being distributed under intestacy rules. Without a Will, your spouse may not inherit everything, unmarried partners receive nothing, and the courts decide who looks after your children. You can appoint guardians for children under 18, choose trusted executors to administer your estate, plan to reduce Inheritance Tax, and create trusts to protect vulnerable beneficiaries. A Will gives your family clarity and protection at a difficult time.

Your estate is distributed under intestacy rules. If you’re married with children, your spouse receives your personal possessions and £325,000, with the remainder split between your spouse and children. If you’re unmarried, your partner receives nothing regardless of how long you’ve lived together. The courts appoint administrators to handle your estate and may decide who looks after your children. This process takes longer and costs more than if you’d made a Will. Intestacy rules rarely reflect people’s actual wishes.

Review your Will every three to five years, or when a significant life event occurs. Marriage automatically revokes your Will unless it was made in contemplation of that marriage. Divorce doesn’t revoke your Will but treats your ex-spouse as if they predeceased you. Other triggers include births, deaths, changes in financial circumstances, buying or selling significant assets, or changes in relationships with your chosen executors or beneficiaries. We offer a Will review service to check your Will remains appropriate.

A Codicil is a formal legal amendment to your existing Will. It must be signed and witnessed in the same way as a Will, and stored with the original. Codicils suit minor changes such as updating an executor, changing a specific gift, or adjusting an amount. For significant changes such as adding or removing beneficiaries, restructuring your estate, or creating new trusts, a new Will is usually clearer and less confusing for your executors. We advise which approach suits your situation after reviewing your existing Will.

Marriage automatically revokes your Will unless it was made in contemplation of that specific marriage. If you marry after making a Will, it becomes invalid and your estate would be distributed under intestacy rules, unless the Will was made in anticipation of that marriage. Divorce doesn’t revoke your Will but treats your ex-spouse as if they died before you. Any gifts to them fail and any appointment as executor is void. You should make a new Will after either event to ensure your estate is distributed as you intend.

Yes. If you have children under 18, you can appoint guardians in your Will to look after them if both parents die. Guardians take on decisions about your children’s upbringing, education, and welfare. You should choose people you trust who share your values and are willing to take on the responsibility. Discuss your wishes with potential guardians before appointing them. You can also name backup guardians in case your first choice cannot act. Update your Will if circumstances change.

Yes. Wills can be challenged on grounds including lack of mental capacity, undue influence, fraud, or failure to make reasonable financial provision for dependants. Challenging a Will is a specialist area handled by our Litigation & Dispute Resolution team. See our Challenging a Will page for further information.