How to make a will

Most people believe making a will is complicated; the right advice, with a specialist will writer to guide you through each step, ensures we make writing a will easy.

What type of gifts can I make in my will?

There are several ways you might split your estate when you write your will:

• there are three types of bequest: one for a fixed sum of money (eg £5,000 to your nephew); one for a specific item, eg a family heirloom or piece of jewellery; and a percentage of your estate – what is left over once everything else has been paid known as a residuary bequest
• It’s also possible that your will indicates that you would like to leave a gift to a person provided he or she survived you but you would like the said gift to revert to some other person in case the beneficiary does not survive. Such bequest is called a reversionary bequest.

Can an Executor of a Will Also Be a Beneficiary?

Yes, they can. There is no reason why any beneficiary of your will, either family member or friend, cannot be an executor as long as they are over 18. Perhaps a more important question to ask is: are they willing and able to be an executor? In this regard, it is often worthwhile having this conversation with them first if you’re unsure.

Do I need a will if I don’t own a house?

Many people tend to think that it is only worth making a will if you own your own home or other substantial assets. This certainly isn’t the case because a will covers so much more than just who owns what.

What if I haven’t got anything to leave?

In reality, almost everyone has something to leave behind even if it’s just their personal effects. Yet, even if you may not have much money or property now, that does not mean you will not have more to leave in the future. Are you playing the lottery? Are you likely to receive an inheritance from a relative? Since no one really knows when he or she is going to die or how much one is going to have, the safest thing is writing a will so that your wishes are clear as crystal.

Writing a Will when You Have Young Children: Some Tips

One would usually consider, first, who is to look after one’s children in the event of their death. Provided you have parental responsibility for your children now and they are under the age of 18 years, then you may wish to appoint a guardian for your children in your will. Of course, this appointment will take effect only if there is nobody else with parental responsibility for your children upon your death.

You can also include your children as beneficiaries of your will, even if they are young. You should consider naming an age at which you would wish your children to receive their inheritance – a common age for this might be 18, 21 or 25. Until the child reaches that age, their inheritance is held in a trust, with people called trustees who manage it on their behalf – and whom you can also name in your will.

Can I include funeral wishes in my will?

Absolutely, you can go into as much detail as you like but bear in mind that this particular aspect of your will is just an expression of a wish and is not legally binding on your executors.

Can a will help protect my home against potential care home fees?

Yes, writing a trust will is the one way to safeguard your home or savings against possible care home fees in the future.

I am not married to my partner – should I make a will?

The Inheritance laws in England and Wales currently make no provision for unmarried partners or those not in a registered civil partnership. If you want your partner to benefit from your estate when you die and you are not married, then you will need to write a will that states that.

How Does Marriage Affect Your Will?

If you get married or enter into a registered civil partnership, this automatically cancels any will that you already have. The only way your will would not be cancelled by marriage or a civil partnership is if you have included specific wording in your will that refers to your forthcoming wedding or civil partnership.

If you have married or entered into a civil partnership, you should make a new will.

Wills – mental capacity

You must be fully aware of what you are doing and its implications when you make a will. This is called mental capacity. You must have capacity to understand what you are doing at the time the will is made as well as at the time it is signed in the presence of two witnesses.

There are four things that must exist simultaneously in order to establish testamentary capacity. A person must:

• have an understanding that the document will dispose of their estate upon death
• know what they own constitutes their estate-this doesn’t mean every individual asset and liability, or their exact values but there must be general awareness
• know whether there are individuals who might have a moral claim on their estate, irrespective of whether such a person is a beneficiary under their will;
• not be suffering from a ‘disorder of the mind’
• One straightforward way of helping to prove testamentary capacity is to have your will professionally written. A professional service should ensure that an assessment of capacity takes place and this should be recorded on file for future reference.

Our will writing service makes the process easy.

Writing a will can be much easier and quicker than you imagine if you get the right guidance and support from a will writing service. Our will writing service at Bedi Legal Services will take you through the process step by step with one of our specialists. Our will writing advisers can discuss your wishes, make recommendations, and help you to make a will that’s right for you and your circumstances.

Can any of my beneficiaries act as a witness when I am signing my will?

No. One of your beneficiaries in your will should not witness you sign it. Their husband/wife/civil partner should also not be a witness. If they do witness your will, that may mean their gift fails.

Can anyone contest my will?

Yes – all wills can be challenged. The real question is ‘can my will be successfully challenged?’

If your will includes your nearest relatives and dependants such as your husband, wife or civil partner and your children, there is little reason why your will should be challenged. However, if you exclude anyone who might expect to benefit from your will, or there is a suggestion that you do not have mental capacity or have been influenced or coerced whilst making your will, then there is a real possibility your will could be challenged.

You can help minimize the risk of a successful challenge by having your will professionally drafted, with help from a will writing specialist regulated by the Solicitors Regulation Authority. A properly drafted will is much more likely to stand up to any future challenge.

It is also important to talk with your family and loved ones about your will, especially if you will be excluding them. This helps to avoid speculation into your motive when you are deceased. Another option would be to write a letter to your executors explaining why a certain individual has been excluded from the will. This is known as a Letter of Wishes and it may be stored along with your will.

What is undue influence in will writing?

Undue influence means that someone may be influenced by another person to write a will or change his or her current will in a manner not intended, for the benefit of that person.

Typical examples of undue influence include making a will under force, fear, or threat from another individual. If someone has lied or been deceitful to influence your choices in your will, this could also be undue influence.

If your will contains some unlikely gift, or it is different than what you have earlier decided upon, then it is in the normal course of things expected that steps are taken to reduce the risk of the will being challenged on undue influence grounds once you have died.

Our will writers in Bedi Legal Services will carry out checks to ensure that you are not under undue influence from someone else. These checks are documented and can be used in case of any challenges to your will at a later date.