What Is A Will?
A Will is a document containing details of how you wish your property and money to be distributed in the event of your death.

Can Anyone Make A Will?
Anyone can make a Will provided they are above the age of eighteen and of sound mind. If there is a possibility of the testator's mental capacity deteriorating (such as with certain illnesses) then a Will should be written immediately and witnessed by the testators doctor or the doctor should make a written statement validating their mental state. This will ensure that there can be no challenges on the grounds of their mental capacity on death.

What Happens If I Die Without A Will?
 Here's a very basic guide as to what would happen if you don't have a Will.
If you die without a Will your estate will be distributed subject to the 'laws of intestacy'. These laws are basically a set of legal rules which have to be followed when someone dies to provide them with a state written Will.

If You Are Married
If you are married and you do not have a Will the amount your spouse can inherit is limited by the Government.

  • If the estate is worth less than £125,000 your spouse will receive everything.
  • If it is worth more and there are no children or relatives, your spouse will receive everything and inheritance tax will be payable on everything over £242,000.
  • If there are children then your spouse will receive £125,000 plus personal chattels and the rest of the estate is divided into two. The children receive one half and the other half is held on trust. The spouse then receives income arising from that trust over his or her lifetime.
  • If there are no children, then the spouse is entitled to the first £200,000, plus personal chattels and the rest of the estate is divided; into two. The parents (or brothers and sisters) receive one half and the other half is held on trust. The spouse then receives income arising from that trust over his or her lifetime.
  • If there is no spouse and no living relatives then the estate will automatically go to the Crown.

If You Are Divorced
If you are divorced your Will will be treated as a single person unless you have remarried.

If You Are Cohabiting
It is worth noting that if you co-habit you are still classified as single and your Will would be subject to the rules applicable for single persons. 

If You Are Single
If you are classified as single with children or grandchildren your property would be distributed equally between your children. If any of your children have died then it would be divided amongst their children.

If you do not have children but are co-habiting you are still classified as single and your belongings would go to your parents in the first instance and then other family members.  Your belongings would not go to your partner.

It is worth bearing in mind that in the event of dying without a Will you have no control over who gets what and in most cases where there are no living relatives, people would rather their belongings went to friends or charities rather than it becoming the property of the state. It is therefore essential to have a Will if you have specific desires as to what should be done with your possessions.

What Does A Will Allow Me To Do?
A Will enables you to specify exactly how you want your money and possessions to be distributed to your beneficiaries and who you would like to appoint with the task of carrying these wishes out (executor). It enables you to name guardians if you have children, to specify people who you would like to receive certain personal possessions or allotted amounts of money. It also enables you to appoint trustees if you want any of your wishes carried out at a later date such as in the event of leaving property or money to someone who is under the age of 18 when you die. Apart from how your estate is distributed you can also specify how you wish your funeral service to be conducted and whether you want to be buried, cremated or require a more unusual ceremony.

Can I Change Or Cancel My Will At Any Time?
You can make small changes to your Will by using a codicil (legal term for amendment) but you must not write in any additions or alterations yourself. If you want to make big changes (such as if you divorce or marry) then it is better to write a new Will. You are not allowed to clip or pin any papers to your Will. If you want to cancel your Will you must destroy it by tearing it up or burning it.

Can My Will Be Changed After My Death?
Under normal circumstances it is unlikely that your Will will be changed after your death. However there are circumstances when this can happen. For example if you have left somebody out of your Will but the wording you use is ambiguous enough they can contest it.

Likewise if you have not provided for any of your dependents who are unable to provide for themselves, or if you have been unfair in your dealings with your spouse or ex-spouse who is not remarried the court can alter your Will. If you have not provided for someone in your Will then your reasons should be given as the court will consider them.

Does My Marital Status Affect My Will?
Yes it does and it is important that any change in your circumstance is entered in to your Will. A Will is usually cancelled if you get married after you have made it and if you get divorced after you have made it then provisions for your spouse are void.

What Happens To Property In Joint Names?
If you own property with another person, you will hold it either as "joint tenants" or "tenants in common". Joint tenants are usually husband and wife and in the event of the death of one tenant, the other becomes the owner of the whole property.

A joint tenant cannot therefore make a gift of their share of the property. Tenants in common are usually business partners and in the event of the death of one tenant, their proportion is allocated as part of their estate and the tenant can therefore make a gift of this proportion if they so wish. If you are unsure which tenancy you have then you should seek help from your solicitor who acted for you when the property was purchased.

Do I Have To Pay Inheritance Tax?
Inheritance tax is currently set at £242,000 for 2001/02. The basic rules are that if your estate is worth £242,000 or less then you do not have to pay any tax. If your estate is worth more than £242,000 then you will have to pay tax at 40% on the remainder. There are exemptions to this, such as assets passed between husband and wife and on certain gifts. For more information on inheritance tax click here.

Where Should I Keep My Will?
Keep your Will in a safe place at home or if you prefer you can store it at the bank or with a solicitor. Your executors should be informed of the whereabouts of your Will.

What Is A Living Will?
A living Will or 'advance directive' is a document containing instructions issued to medical personnel to allow them to stop prolonging your life in the event of you becoming terminally ill, permanently unconscious or losing your mental capacity. Some people decide they do not want to be kept alive in such an event by either artificial means or medical treatment. Legally, living Wills cannot necessarily be enforced by law.

What Do Executors, Trustees & Guardians Do?
An Executor is a person who is appointed to administer your estate in the event of your death. For more information on the role of an executor tax click here.

A Trustee is a person who is appointed to hold property, money or possessions for another person until that person is due to receive it. This is often the case if a person is too young to inherit.
A Guardian is a person or persons appointed to look after the deceased children. For more information on the role of a guardian click here.

What's Probate & How Do I Deal With It?
Probate means proving that the Will in question is valid by the court. In order to do this you will have to apply to your local Probate Registry who will issue you with the relevant forms. For more information on probate click here.

Can I Write My Own Will?
You can write your own Will which could be legal provided it was witnessed in the same way as a normal Will would have to be.

What Do I Include In A Will & How Thorough Should I Be?
Your Will can include many instructions however the most important are to choose the Executors, Beneficiaries and Testamentary Guardians if you have minor children.

When Should I Update My Will?
Your Will should be updated when your personal or financial circumstances change. It is essential to update your Will when you marry or separate from your spouse/partner.

Is There Any Way To Ensure That Certain Individuals Can Be Excluded?
Only named beneficiaries will benefit from the terms of your Will. There is no reason why a simple clause cannot be incorporated specifically excluding certain individuals if so required. However legislation [Inheritance (Provision for Family and Dependents) Act 1975] allows certain categories of persons particularly spouses and minor children to apply to the court for reasonable financial provision if they have been excluded or not adequately provided for in your Will.

What If I Am Severely Injured And Cannot Communicate My Will?
A Receiver would be appointed to act on your behalf, overseen by The Public Trust Office. An application could then be made to the court for a 'Statutory Will' to be drawn up. The court would order a Will to be drawn up to benefit those close to you particularly your spouse and infant children.

Do You Insure A Will?
No.

What If I Do Not Know The Where Abouts Of My Relatives?
It is suggested that relatives are located by you otherwise the problem of seeking them passes to your appointed Executors on your death. Depending on the size of the legacy costly enquiry agents may have to be employed and adverts placed in the press to locate them.

In What Circumstances Could A Court Override The Intentions Of My Will?
Only named beneficiaries will benefit from the terms of your Will. There is no reason why a simple clause cannot be incorporated specifically excluding certain individuals if so required. However legislation [Inheritance (Provision for Family and Dependents)Act 1975 ] allows certain categories of persons particularly spouses and minor children to apply to the court for reasonable financial provision if they have been excluded or not adequately provided for in your Will.

What Does 'Property Of The State' Mean?
If you die intestate i.e. without making a Will and you have no relatives whatsoever, however distant, your property will pass to The Crown.

Can Anyone See A Copy Of A Person's Will And How The Estate Accounts Were Made Up?
No.  Only beneficiaries and those who were dependent in some way on the deceased are entitled to see a copy of the Will.  Beneficiaries and dependents are entitled to view both the Will and the accounts of how the estate has been administered.