Will writing solicitors

Get expert will writing advice to protect your legacy

All effective estate planning starts with making a will. It is perhaps the most important document you will ever sign.

A will is a legal document which puts you in control of who will receive your assets (your money, property and possessions) after your death.

Weightmans friendly and professional estate planning solicitors can help you to make your will or update your existing will. We will give you reassurance and peace of mind as you plan for your future and the future of your loved ones.

We offer a bespoke service tailored to your needs and circumstances. We take time to listen to you, to understand what is important to you and offer sensible options.

Why do I need a Will?

If you die without making a will, there is no guarantee that the people you would like to benefit from your estate will receive anything at all on your death.

It is important to make a will whatever your circumstances. Although inheritance tax planning and will drafting often go hand in hand, wills aren't all about money. They also deal with issues such as funeral arrangements, nominating guardians for young children and the distribution of personal possessions.

Some other reasons have a will in place:

To retain control over the disposal of your estate after your death

If you die without making a will, the distribution of your estate (i.e. how your money, property and possessions are allocated) is dictated by the rules of intestacy. These are strict statutory rules which determine who benefits from your estate (if you die without leaving a valid Will). If the intestacy rules take effect, you have no control over the way that your estate is distributed. Are you married? If not, the rules of intestacy say that your partner will receive nothing from your estate. Equally, the rules of intestacy may not pass all of your estate to your spouse.

To minimise any Inheritance Tax liability

The preparation of wills using a tax-efficient structure can help to reduce the burden of Inheritance Tax on your estate.

To provide protection for vulnerable beneficiaries

If you would like to make provision in your will for a vulnerable beneficiary, it is possible to set up a trust which will protect their interests.

To provide for a change in circumstances

If your personal circumstances have changed, it is important to ensure that your estate is distributed according to your wishes. If you are separated from a spouse or partner, you may wish to review your will to ensure that it states that they will not benefit from your estate on death. If you have married or entered into a Civil Partnership, your will may have been revoked.

To select appropriate Executors and Trustees

Your executors are responsible for administering your estate in accordance with the terms of your will. Not everybody is suited to the role of executor so it is important that you choose these carefully. Are your chosen executors willing and capable of doing the job?

To provide for future generations

You may wish to provide for grandchildren, great-grandchildren or even future generations in your will. It is possible to delay the distribution of assets to these beneficiaries by leaving your estate or a proportion of your estate in trust.

How our will writing solicitors can help you

Our specialist estate planning solicitors understand that each individual's circumstances are unique, and we pride ourselves on preparing bespoke wills which are suited to your particular needs.

Why Weightmans? Our expertise includes:

Drafting wills at all levels of complexity
Inheritance tax planning through wills
Protecting the rights of cohabitees
Wealth protection and trust creation for different family members and future generations

What if I have a will already?

It is very important that wills are reviewed regularly to consider changes both your circumstances and the law. Our specialist solicitors are happy to review your existing documents and give clear advice as to whether any updates are recommended. We will also tell you if no changes are necessary.

Whether you’re writing a new will, or updating your current one, we'll work with you and tailor our service to best meet your needs.

Get in touch

Ready for the next step? Talk to our expert will solicitors.

Estate planning tool

With less than half UK adults having made a will, we do wonder whether it is the fear of the unknown, of not knowing where to start, that is a barrier to people looking to put their affairs in order.

Try our free estate planning questionnaire based on a person’s circumstances that will give you some points to consider and general information in relation to your estate planning.

Take the questionnaire

Will writing guides and support

STEP code for Will preparation: guide for the public

STEP code for Will preparation in England & Wales

What will happen if I die without a Will?

If you die without a Will, the distribution of your estate (your personal possessions, money and property) will be dealt with under the rules of intestacy (a set of legal rules which dictate who will benefit). The intestacy rules are rigid and may not reflect your wishes, for example, they make no provision for unmarried partners. The intestacy rules also govern who is entitled to deal with the administration of your estate.

Making a Will is the only way to ensure your estate passes to your chosen beneficiaries. It also enables you to choose your executors, appoint guardians for young children, include cash gifts or gifts of specific items, and detail your funeral wishes. It may be appropriate to include a trust structure in your Will to offer a degree of protection for your chosen beneficiaries or to allow flexibility for future generations to use the trusts for their own wealth/tax planning.

Will my estate automatically pass to my spouse or partner?

Even if you are married, your spouse is not necessarily entitled to benefit from your whole estate on your death. The intestacy rules are constantly subject to change and the outcomes of dying without a Will can be surprising and often unjust. Making a Will is the only way to ensure your loved ones are provided for in accordance with your wishes.

The intestacy rules do not make any provision for unmarried partners. The best way to ensure a cohabiting partner is provided for is to make a Will.

What else can I include in my Will?

As well as dealing with the distribution of choosing who will benefit from your estate and choosing who will administer your estate, your Will can guide your family and friends on your funeral wishes, include gifts of specific items (such as your car or jewellery), cash gifts to individuals or charities and specific provision for your agricultural and business assets. You can also appoint guardians for young children and detail your funeral wishes.

Your Will can also be a useful tool to retain a degree of control over how your assets are dealt with after you die and for inheritance tax planning

How often do I need to change my Will? You should review your Will regularly to ensure it continues to reflect your wishes and circumstances. As your personal and/or financial circumstances change, you should consider updating your Will. Examples include:

Marriage will automatically revoke any Will you had in place previously.

Change in family circumstances, for example having children or grandchildren.

Divorce

Significant changes in your financial situation

In any event, we suggest reviewing your Will at least every three years to assess whether there have been any changes to the law or tax allowances which would necessitate a change to your Will.

How often do I need to change my Will?

You should review your Will regularly to ensure it continues to reflect your wishes and circumstances. As your personal and/or financial circumstances change, you should consider updating your Will. Examples include:

Marriage will automatically revoke any Will you had in place previously.
Change in family circumstances, for example having children or grandchildren.
Divorce
Significant changes in your financial situation

In any event, we suggest reviewing your Will at least every three years to assess whether there have been any changes to the law or tax allowances which would necessitate a change to your Will.

Can I include my cryptoassets in my Will?

Cryptoassets will automatically form part of your estate on death if they are held in your individual name. It is not always necessary for you to specifically include reference to your crypto assets in your Will but care should be taken to ensure that there are sufficient powers in your Will to allow your executors to deal with these assets after your death. It is also important that you make your professional advisor aware of any cryptoassets you may own so that they can discuss with you what provision you have made for these to be accessed after you die.

I have children from a previous marriage, can I provide for them and my new spouse?

You can. A carefully structured will can enable you to use your assets to benefit your spouse after your death and then your children after your spouse’s death. We do this using trusts.