If someone dies without a Will, this is known as ‘dying intestate’. What happens to their estate will then be determined by the standard intestacy rules that are set by the government. In general, spouses and civil partners, children, and other close relatives will stand to inherit, based on what surviving relatives there are and the value of the estate.

Our solicitors for Wills can advise on who would inherit under intestacy rules and help you get in place a valid Will to avoid such situations.

When you make a Will, it is important to ensure that it meets the requirements to be considered legally valid. In the UK, these requirements are:

• The person making the Will (the ‘testator’) must be:

  • Over the age of 18

  • Mentally competent (‘of sound mind’)

  • Acting voluntarily

• The Will itself must be:

  • In writing

  • Signed by the testator in the presence of two witnesses (who must be over 18 and not beneficiaries of the Will or spouses/civil partners of beneficiaries)

  • Signed by the witnesses in the presence of the testator

It is also a good idea to include the date on which the Will was prepared. This helps to avoid any confusion over which is the most recent version of your Will in the future if you ever update or replace your Will.

The cost of making a Will depends on your requirements. Our lawyers for Wills can advise on these costs at the outset. In most cases, it is possible to prepare a Will for a fixed fee agreed in advance.

The executor of a Will is legally responsible for the testator’s estate after they pass away. They have a duty to follow the terms of the Will, as well as settling any debts owed by the estate, selling any estate assets, paying Inheritance Tax and any other taxes owed by the estate, and distributing the estate assets to the nominated beneficiaries. Executors must also make a report to HMRC of the estate’s value, income and tax liabilities.

Our Wills and estates solicitors can guide executors through the process of dealing with an estate, as well as acting as professional executors and estate administrators where required.

If you need to make changes to your Will, you can either make a new Will or use a supplementary document called a ‘codicil’ to amend your existing Will. Codicils are normally used for minor changes, such as amending your address or a nominated executor. For more significant changes, such as who your beneficiaries should be, a new Will is normally advisable.

Our Wills lawyers can assist with updating or amending your Will. We can advise on whether a codicil or a new Will is most appropriate.

Generally, the people who can contest a Will are those with a financial interest in the estate (e.g. dependants of the deceased), people named in a previous Will and anyone who would inherit under intestacy rules. Other people may potentially be able to make a claim e.g. if they can show they were promised an inheritance by the deceased, especially if they relied upon this promise to their own cost.

Grounds for contesting a Will are broadly the same i.e. that:

• Someone was dependent on the deceased and has not been left a sufficient inheritance to meet their needs (such claims can be made under the Inheritance (Provision for Family and Dependants) Act 1975, commonly called ‘Inheritance Act claims’).

• Someone was named in a previous Will and has been disinherited but believes the reasons for this disinheritance were not valid (although the parameters for this are quite narrow).

• Someone who would inherit under intestacy rules could have a claim if they can show that the Will being relied upon is not valid.

• Someone who was promised an inheritance and has relied upon this to their own detriment might have a claim under the law of ‘proprietary estoppel’.

If you believe you may have grounds to contest a Will or need to respond to a claim, our Wills and estates solicitors can help with contensious probate matters.

If you have children under the age of 18, it is a good idea to make provision for their guardianship in the event of your death. This can be included in your Will, where you can nominate your chosen guardian or guardians, as well as any wishes you have for your children’s upbringing. You should also include financial provision for your children’s upbringing as part of your Will.

You should make sure to discuss this with your chosen guardian or guardians ahead of time. You can then be sure they are happy to take on this responsibility if the need arises and that they understand your wishes.

Getting married or entering a civil partnership automatically renders any existing Will invalid, unless the Will has been written in anticipation of marriage or civil partnership. You should therefore make a new Will when getting married or entering a civil partnership.

Something many people do not realise is that divorce does not cancel an existing Will in favour of your spouse. Also, if you do not have a Will, then should you pass away during divorce proceedings, your spouse is likely to inherit all or most of your estate until your divorce is finalised. It is therefore essential to make a new Will as soon as you have made the decision to divorce or your spouse has initiated proceedings.

The solicitor that you make your Will with should store it for you, usually at no charge. Our local solicitors for Wills offer this free service as standard. It is also a good idea to register your Will with the National Will Register, Certainty, to ensure it is easily accessible when required. Many people also choose to store a copy of their Will at home, but it is not advisable to have this as the only copy, as it could be lost or damaged, and the people who need it may not know where it is when the time comes.