Writing a Will is one of the most important steps you can take to look after your loved ones. This step-by-step guide to writing your Will explains the process in plain English, from listing your assets to signing, storing and reviewing the finished document. It also covers digital assets, blended families and other modern issues.
Why You Need a Will
A Will sets out who should receive your estate and who should deal with it. Without one, your estate passes under the intestacy rules, which might not match your wishes. For example, an unmarried partner inherits nothing under those rules, however long you have lived together. You can read how the rules work on GOV.UK.
A well-drafted Will can:
- set out how your assets are shared;
- name guardians for children under 18;
- reduce the risk of family disputes;
- take account of Inheritance Tax rules, such as gifts to a spouse, civil partner or charity;
- deal with digital assets and online accounts.
Step 1: Take Stock of Your Assets
First, list everything you own. This includes:
- Property: your home, land and any other property, and whether you own it jointly;
- Financial assets: bank accounts, savings, investments, pensions and life insurance;
- Personal possessions: jewellery, vehicles, art and family heirlooms;
- Digital assets: online accounts, cryptocurrency and valuable domain names.
Some assets may not pass under your Will at all. For instance, a jointly owned home held as joint tenants usually passes to the surviving owner automatically. Similarly, many pensions and life policies pay out according to a nomination form or trust. Also, do not forget sentimental items, because they can matter just as much as valuable ones.
Step 2: Consider Your Beneficiaries
Next, decide who will inherit. Beneficiaries can be family members, friends, charities or other organisations.
Be specific about who gets what. If you have a blended family with stepchildren or half-siblings, be especially clear about your intentions. This reduces the risk of conflict later.
Step 3: Choose Your Executors
Executors carry out the terms of your Will. So, choose people who are trustworthy, organised and willing to take on the responsibility.
It is sensible to name more than one executor, or to include substitutes, in case your first choice cannot act. Always discuss the role with your chosen executors beforehand.
Step 4: Appoint Guardians for Children
If you have children under 18, naming a guardian is one of the most important parts of your Will. Think about:
- the guardian’s values and approach to parenting;
- where they live and whether they have room;
- their relationship with your children.
You might also want a trust to manage any inheritance until your children are older.
Step 5: Address Digital Assets
Your online life matters too. Think about social media, email, cryptocurrency wallets, online businesses and photo storage. However, do not write passwords in your Will, because it becomes a public document after probate. Instead, keep a secure record and tell your executors where to find it.
Step 6: Consider Whether a Trust Would Help
Trusts in a Will can be useful for:
- managing assets for young children;
- providing for a vulnerable or disabled beneficiary;
- letting a partner live in a home while keeping its value for children, through a Life Interest Trust.
We can explain how each type of trust works and whether one suits your circumstances.
Step 7: Understand Inheritance Tax
Inheritance Tax is charged at 40% on the part of an estate above the available allowances. Each person has a nil-rate band of £325,000. There is also a residence nil-rate band of up to £175,000 when a home passes to children or grandchildren, reduced for estates over £2 million. Both are frozen until April 2031.
Gifts to a spouse or civil partner are usually exempt, and so are gifts to charity. In addition, if you leave at least 10% of the baseline amount of your estate to charity, the rate on the rest of the taxable estate may fall to 36%. From 6 April 2027, most unused pensions will also count towards the estate. Lifetime gifts have their own rules, including the £3,000 annual exemption and the seven-year rule.
We explain these rules in general terms. However, we do not give tax or financial advice, so for personal tax planning we can refer you to an appropriate professional. The GOV.UK Inheritance Tax guide is a good starting point.
Step 8: Draft Your Will
Now it is time to put it all together. You can write your own Will, but mistakes in wording or signing can cause serious problems. For this reason, many people use a professional. A member of the Society of Will Writers must follow its Code of Practice and hold professional indemnity insurance.
Step 9: Sign and Witness Your Will
For your Will to be valid in England and Wales, you must sign it, or acknowledge your signature, in front of two witnesses. Both witnesses must be present at the same time. Each witness must then sign in your presence.
Your witnesses should be 18 or over and must not be beneficiaries, or married to or in a civil partnership with a beneficiary. If they are, the Will stays valid, but that person loses their gift. Remote video witnessing is no longer allowed for Wills made after 31 January 2024.
Step 10: Store Your Will Safely
Keep your original Will somewhere secure where your executors can find it. Options include:
- a fireproof safe at home;
- professional storage with your Will writer or solicitor;
- a bank, although retrieving a Will after death can take time and paperwork.
If we write your Will, our Safe Will Plan stores the original in fireproof storage.
Step 11: Review and Update Regularly
Life changes, and your Will should too. Review it every three to five years, or after major events such as:
- Marriage or civil partnership: this cancels an existing Will, unless it was made in contemplation of marriage to a named person.
- Divorce or dissolution: your former spouse is treated as having died on the date of the final order, which can leave gaps.
- Birth of a child or grandchild.
- Significant changes in your finances, or buying or selling a home.
- Moving abroad or buying property overseas.
Our page on marriage, divorce and your Will explains these rules in more detail.
Additional Considerations
Lasting Powers of Attorney: a Will only takes effect when you die. By contrast, a Lasting Power of Attorney lets someone you trust make decisions for you if you lose capacity during your lifetime.
Letter of wishes: you can also leave a letter of wishes alongside your Will. It is not legally binding, but it can guide your executors and trustees. Some people also use it to pass on personal messages or values.
Assets abroad: if you own property in another country, a separate Will may be needed there. In that case, we can refer you to an appropriate professional in that country.
The Takeaway
Writing your Will step by step makes the process manageable. Above all, having a valid Will in place is far better than leaving your estate to the intestacy rules.
Glossary
- Intestacy: dying without a valid Will.
- Executor: the person who carries out the terms of a Will.
- Beneficiary: a person or organisation who receives something under a Will.
- Trust: an arrangement where trustees hold assets for the benefit of others.
- Probate: the process of confirming an executor’s authority to deal with an estate.
Writing Your Will with A.D.E. Wills
A.D.E. Wills is a small Oxford practice run by Edward Richings, a Full Member of the Society of Will Writers. We take time to understand your situation and explain your options in plain English. Every In-Person and Online Will comes with unlimited draft changes and a personalised booklet explaining your draft Will clause by clause. All our Wills are a fixed fee, set out on our Wills Pricing page.
Your initial chat is free and without obligation. Call 01865 507174 or email info@adewills.co.uk, or read more about our Wills.
