How to Write a Will

What is a Will?

Your Will is a legal document that outlines what happens to your money, property, and possessions after your death. At MHA we would always advise you to consult a legal professional when writing a Will.

Having a Will is the best way to ensure that your loved ones are provided for in the way that you wish. Please note, that unmarried partners and couples who have not registered for a civil partnership cannot inherit from each other unless there is a Will. ‘Common law’ partners have no legal rights to inherit in the UK.

By writing a Will you can also make sure that you do not pay more Inheritance Tax than you need to.

You need to get your Will formally witnessed and signed to make it legally valid.

It’s important to note: If you die without a Will, the law decides what happens to your money. This may not be as you would have intended. 

If you die without a will, your estate will be divided up in line with the rules of intestacy. This means you will have little control over who receives your estate.

To find out more, Which? Have published a guide to intestacy rules.

Writing a Will

When writing your will, you should include:

• How much money and what property and possessions you have
• Who you want to benefit from your Will
• Who should look after any children under 18
• Who is going to sort out your estate
• Who will carry out your wishes after your death (your executor/s)
• What happens if the people you want to benefit die before you.

You can also include a charity in your Will, for more information on how to include MHA in your Will, visit our Gifts in Wills page >

Tips to help you with writing a Will

1. Work out the value of your estate -make a list of your assets and debts. Assets that typically make up an estate include:

• Your home, and any other property you own
• Savings in bank and building society accounts
• National Savings, such as premium bonds
• Insurance, such as life assurance or an endowment policy
• Pension funds that include a lump sum payment on death
• Investments such as stocks and shares or investment trusts
• Motor vehicles
• Jewellery, antiques, and other personal belongings
• Furniture and other household contents.

2. Decide how you want to divide your estate - be really clear about what you want to happen with your whole estate, it’s worth considering:

• Who you want to benefit from your Will
• Whether you wish to give any specific gifts to particular people
• Where the residue of the estate is to go (any property or money left over after paying funeral and administrative expenses, legacies, and taxes)
• What you want to happen if any of your beneficiaries should die before you.

3. Choose your executors carefully

Executors are the people who deal with distributing your estate after you've died. Being an executor can involve a lot of work and responsibility so be careful when giving that responsibility to someone. It is always worth letting people know that you would like them to act as your executor.

4. The process of writing your Will

You can write a Will in a number of ways, using help from different people or organisations.

• Solicitors - it’s best to get advice from a legal professional. There are solicitors who specialise in Wills and Probate (applying for the legal right to deal with someone’s property, money and possessions). Make sure you check that they’re registered by the relevant professional body, such as the Solicitors Regulation Authority and The Law Society.
  
  
• MHA's Free Will Service in partnership with Bequeathed offers you the chance to have your Will written at no cost to you. This service is for simple Wills and all Wills written through this scheme are reviewed by a solicitor. For more information visit MHA’s Free Wills Service page >
  
  
• Professional Will Writers - they aren’t qualified solicitors and do not fall under the same level of regulation so if you decide to use one, check whether they are a member of the Institute of Professional Will Writers.
  
  
• Banks - some banks offer Will writing services and advice about estate planning. Contact your local branch to book an appointment with an adviser to find out how they can help you. Be aware, that this is usually for a charge that can be high, so make sure you’re clear on how much they will charge you.

Make sure your Will is legal

For your Will to be legally valid, you must:

• Be 18 or over and of sound mind
• Create a Will voluntarily and make it in writing
• Sign it in the presence of 2 witnesses who are both over 18
• Have your Will signed by your 2 witnesses, in your presence

Signing can be witnessed both in-person and remotely (for example by video calling). In two cases:

• You must have a clear view of the person and the act of signing
• The Will Maker (or a person authorised to sign on their behalf) and witnesses must sign the same document

You can only sign remotely in England or Wales. This is only permitted until 31 January 2024.

If you make any changes to your Will you must follow the same signing and witnessing process. Note, that you cannot leave your witnesses (or their married partners) anything in your Will.

Updating your Will/Creating a new Will

It’s advised that you review your Will every 5 years and after any major life event, for example:

• Separation or divorce
• Getting married (this will void any Will you made before getting married)
• Having a child
• Moving house
• If the executor named in your Will dies

Making changes to your Will

You cannot amend your Will after it’s been signed and witnessed. Though for most changes it is more appropriate to write a new Will, you can make simple changes to a Will by using a codicil. There’s no limit on how many codicils you can add to a Will.

You must sign a codicil and get it witnessed in the same way as witnessing a Will signed by two witnesses.

Keeping your Will safe

You can keep your Will at your home or store it safely with your solicitor or bank. There are also companies that offer the storage of Wills. You can find more information from The National Will Register.

Other support available

The Law Society find a solicitor page - you can filter by offering Will and Probate services

Remember a Charity have some advice about making a Will

Gov.uk has all you need to know about writing your Will

HMRC for advice on Inheritance Tax

Citizens Advice Bureau

Will Aid

Page last updated: September 2022.