Why do you need a Will? Can you write your own will from scratch? You may have heard that writing a Will is important, but do you know why?
Before you write your own will, make sure that you familiarise the process of writing a Will in the UK, including the different types of Wills available, what to include in your Will, and how to get it witnessed and signed.
In this article, we'll go through all the basics of will writing, what a written will includes and also explain where to store your Will so that your heirs will find it when the moment comes.
The Importance of Writing a Will
A Will is a legal document that states how you want your assets to be distributed after you die. It also allows you to appoint an executor, who will be responsible for carrying out your wishes.
Without a Will, your assets will be distributed according to the intestacy laws in UK. This may not be in line with your wishes, and it could lead to conflict among your family members.
Benefits of a Written Will
There are many benefits for writing a Last Will. Below we listed four the most important factors.
- A Last Will Ensures that Your Final Wishes are Carried out. With a Will, you can be sure that your assets will be distributed to the people you want, in the way you want.
- A Last Will Protects Your Loved Ones. If you have minor children, a Will can appoint a guardian for them. You can also use a Will to leave specific assets to your loved ones, such as your home or family heirlooms.
- A Last Will can Minimize Taxes. A Will can help to reduce the amount of estate taxes that your heirs have to pay.
- A Last Will can Avoid Conflict. A well-written Will can help to prevent disputes among your family members after you die.
💡 Did you know that only 44% of UK adults have written a Will? However, among those over 55 years old, 66% have a Will.
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Seek Professional Help when Writing a Last Will in the UK
Only adults over 18 and of sound mind can write a Last Will in the UK.
It's possible to write your own Last Will, but it's best to get professional help to make sure it's legally valid and correct. Using a suitable legal service will ensure that the document precisely reflects the testator's desires and complies with relevant laws and regulations.
They can also help you appoint an executor, distribute your assets, minimise tax, and plan for unexpected events.
⚠️ Exercise caution when considering free Will templates that you have found on the Internet. A basic template might not fulfil your wishes. An unclear Last Will can cause unnecessary disputes among the relatives
Can I Write My Own Will?
Yes, you can indeed write your Will without meeting with a solicitor, for instance, by utilising online legal services like Aatos.
Aatos provides guidance to help you create a legally valid Will from the comfort of your own home. The service will ensure that your Will meets all legal requirements and accurately reflects your wishes.
Online services like Aatos offer both convenience and potential savings. However, for those with more complex estates or in need of specific legal advice, Aatos's solicitors are available to assist through a free chat service, ensuring that even more intricate concerns can be addressed effectively.
Writing a Will entirely on your own from scratch is not advisable for several reasons.
- A Will must comply with specific legal requirements to be valid, and these requirements can vary by jurisdiction. Without legal expertise, you may miss essential legal formalities, such as proper witness signatures or the correct declaration language, which could render the Will invalid.
- The language used in Wills needs to be precise and unambiguous. Inaccurate language can lead to disputes among beneficiaries, potentially leading to lengthy and costly legal battles.
- A self-written Will might not adequately address complex issues such as the distribution of digital assets, guardianship of minors, or tax implications, which could lead to unintended consequences for the estate and its beneficiaries.
Using a legal service, such as Aatos, ensures that your Will is legally robust, reflects your wishes accurately, and considers all relevant legal and financial aspects.
A Written Will: Different Types of Wills Exist
There are different types of Wills to choose from, depending on your needs. The best type of Will for you depends on how complex your estate is, your family structure, and your personal preferences.
Three of the Most Common Types of Last Wills:
- Simple Will: the simplest type of Will and is suitable for people with uncomplicated estates. It states who you want your assets to go to and names an executor to carry out your wishes. It may also name guardians for minor children.
- Joint Will: a single Will for two people, such as spouses or partners. It states that when one person dies, their assets go to the other person. When both people have died, the assets are then distributed to the beneficiaries named in the Will.
- Living Will: not a traditional Will, but it is a legal document that states your wishes for medical treatment and end-of-life care if you become incapacitated and cannot communicate your wishes.
💡 Discretionary Trust Will gives the heirs a certain flexibility on how your estate can be handled after you die.
Make Your Wishes Clear in Your Last Will
As the testator, you have the legal right to exclude almost anyone from your Will or leave them a minimal inheritance. You can distribute your assets as you see fit.
For example, you may have an estranged relationship with a family member and might choose not to include them in your Will. Alternatively, you might choose to prioritise heirs based on need rather than dividing assets equally. That means you may choose to include a family member with financial hardships in your Will.
On the other hand, some individuals may decide to leave a substantial portion of their estate to charitable organisations or causes they support, reducing the amount left to family members.
How to Write Your Own Will?
Be aware if you are writing a Last Will on your own that unclear Will can Lead to Legal Challenges. Whichever Will you choose to write, it's essential to be clear and specific to avoid misunderstandings or potential legal challenges.
If you intend to exclude a family member or limit their inheritance, consult a solicitor to ensure that your wishes are legally expressed.
Properly documenting your intentions can help prevent disputes among surviving family members and minimise the risk of your will being contested in the future.
Read more: Contesting a Will in the UK
A Written Will Requires Witnesses to Be Valid
Having witnesses present when you sign your Will is essential to make it legally valid. This is known as attestation, and it provides independent verification that the Will is genuine and that you were of sound mind when you signed it.
The number of witnesses required and specific witnessing rules vary depending on the laws of your country or state.
In general, most jurisdictions (including England) require at least two witnesses to be present when you sign your Will, and the witnesses must also sign the document.
There are a few things to keep in mind when choosing witnesses for your Will.
Criteria for the Witnesses
- Must be over the age of 18 and of sound mind
- Cannot be beneficiaries of your Will or their spouses or partners
- Must be present at the same time when you sign the Will, and they must all sign the document in your presence
⚠️ It is important to choose witnesses who you trust and who are reliable. They should also be able to understand the importance of their role and be willing to testify in court if necessary.
Ensure the Storage of a Written Will
Once you have written your Last Will, it is important to store your Will in a safe and secure place where it can be easily found after your death.
Places to Store a Last Will
- With Your Solicitor: Many solicitors offer to store Wills for their clients, either free of charge or for a small fee. This can be a convenient option, as your solicitor will be able to ensure that your Will is properly executed and stored in accordance with the law.
- With a Trusted Friend or Family Member: If you do not have a solicitor, or if you prefer to keep your Will private, you can store it with a trusted friend or family member. However, it is important to choose someone who is reliable and who understands the importance of the document.
- In a Safe Deposit Box: Storing your Will in a safe deposit box is another option, but it is important to note that your executor will need to have access to the box in order to retrieve the Will after your death.
- At Home: If you choose to store your Will at home, be sure to keep it in a safe place where it is unlikely to be damaged or lost. You may want to consider storing it in a fireproof safe or lockbox.
No matter where you choose to store your Will, it is important to let your executor know where it is located. You may also want to consider giving them a copy of the Will for their records.
💡The most common place to store a Will in the UK is at Home. 47% of UK adults with a written Will store their Last Will at home.
Sources
The National Wills Report (2023) “The Culture of Will Writing in the UK”.
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