Writing a Will That Reflects Your Wishes

What happens if you never get round to it

It is an uncomfortable subject, which is precisely why so many people put it off. But if you die without a valid will, your estate is distributed according to the rules of intestacy — a rigid formula that takes no account of your actual wishes. In England and Wales, a surviving spouse or civil partner receives personal possessions and a fixed statutory legacy — currently £322,000 for deaths after July 2023 — with the remainder shared in set proportions between the spouse and any children.

That can sound perfectly reasonable until you look at the gaps. Unmarried partners receive nothing, however many decades you have lived together. Stepchildren inherit nothing automatically. Distant relatives you have not spoken to in years may inherit while close friends and chosen causes receive nothing at all. And if you have children under 18, the courts may end up deciding who raises them. A will is the only reliable way to have your say.

Start with the people, not the paperwork

Before you think about wording, think about outcomes. Set aside half an hour and work through a few plain questions:

• Who should benefit from your estate, and in roughly what proportions?
• Is anyone you want to exclude, and how might that be received?
• If one of your chosen beneficiaries dies before you, who should take their share?
• Who should look after any children under 18 — and have you asked them?
• Who do you trust to be your executor, and do they know?

Being explicit pays off. Naming a substitute beneficiary, for example, avoids the awkward situation where a gift lapses and falls into the residue of your estate, possibly ending up somewhere you never intended.

Deciding who inherits what

Most wills do two things: they make specific gifts, and then they deal with whatever is left over, known as the residue. A few practical points are worth keeping in mind:

• Specific gifts — a sum of money, a piece of jewellery, a property. Be precise about which item you mean, especially if you own several similar things.
• Residue — the bulk of your estate. This is the clause that does most of the work, so give it careful thought rather than treating it as an afterthought.
• Young beneficiaries — money left outright to a child is theirs to spend at 18. If that concerns you, a trust can hold it until a later age.
• Joint assets and pensions — these often pass outside your will entirely, according to how the account is held or who you have nominated. Check those nominations as carefully as you check your will.

If you own a business, hold property abroad or have a previous marriage with dependants in the picture, this is where professional advice earns its fee.

Keeping the tax bill fair and manageable

Inheritance tax is charged at 40% on estates above the nil-rate band of £325,000, plus the residence nil-rate band of up to £175,000 where a home passes to direct descendants. Unused allowances can be transferred to a surviving spouse or civil partner, so many couples can pass on up to £1 million before any tax is due. The thresholds have been frozen for years and are set to remain so until at least 2030, which quietly brings more estates into scope as property values rise.

A well-drafted will can help. Leaving at least 10% of your net estate to charity can reduce the rate on the rest to 36%. Making proper use of the spouse exemption, directing gifts sensibly and holding assets in the right names can all make a measurable difference — sometimes tens of thousands of pounds.

Review it whenever life changes

Marriage or civil partnership automatically revokes a will in England, Wales and Northern Ireland unless it was written in anticipation of that marriage. Divorce does not revoke a will, but treats a former spouse as though they had died before you, which can leave unexpected gaps. Beyond the law, life simply moves on: children become adults, assets change, relationships shift.

The formalities matter too. Your will must be signed in the presence of two witnesses who are both there at the same time, and neither they nor their spouses can be beneficiaries. An improperly witnessed will may be worthless. Store the original safely, tell your executor where it is, and consider revisiting it every three to five years even if nothing has obviously changed.

Talking about it eases the load

A will is more than a legal document. It is a set of instructions to people who will be grieving, tired and probably dealing with paperwork they have never seen before. Explaining your decisions now — particularly the difficult ones — spares your family guesswork and resentment later.

Write down your funeral wishes and any preferences about who should receive particular keepsakes, even though these are not legally binding. Then sit down with the people who matter and talk it through. A clear, current will is one of the kindest pieces of admin you can leave behind.