Question 1

Why should every adult over 18 have a will?

Accepted Answer

Once you turn 18 you can legally make a will, and from that point on anything you own, savings, a car, a phone contract, a deposit pot, a pension lump sum, can pass under your wishes rather than the statutory intestacy rules. A will also lets you name guardians for any children you might have later, appoint executors you actually trust, and leave gifts to friends or charities who would otherwise receive nothing. Most people put it off because they think wills are for the wealthy or the elderly, but the real value is control: without one, the state decides who gets what and who manages it.

Question 2

What happens if I die without a will in England and Wales?

Accepted Answer

You die intestate, and the Administration of Estates Act 1925 sets a fixed order of who inherits. If you are married or in a civil partnership with no children, your spouse or civil partner takes everything. If you have children, your spouse takes the first 322,000 pounds plus personal possessions, and the rest is split half to the spouse and half between the children. Unmarried partners, however long you have lived together, receive nothing automatically and must apply to court under the Inheritance Act to claim provision. Stepchildren you have not legally adopted are also excluded. Scotland operates a different system based on prior rights, legal rights and the free estate, so the figures and the order differ north of the border.

Question 3

How do I write a valid will in the UK?

Accepted Answer

A valid will under the Wills Act 1837 must be in writing, signed by you (the testator) in the presence of two independent adult witnesses, and then signed by those witnesses in your presence. You must be 18 or over (or in active military service), of sound mind, and acting voluntarily without undue influence. You can write it yourself, use an online template, instruct a will writer, or use a solicitor. The legal validity is the same regardless of who drafts it, but a professional will reduce the risk of ambiguous wording, missing residue clauses or improper execution that could see your estate distributed contrary to your wishes.

Question 4

Who can witness my will?

Accepted Answer

You need two adult witnesses (18 or over) who are mentally capable, and they must both be present at the same time when you sign or acknowledge your signature. Crucially, a witness cannot be a beneficiary under the will, nor can the spouse or civil partner of a beneficiary. If they are, the will itself remains valid but that person loses their gift entirely under section 15 of the Wills Act 1837. Common safe choices are neighbours, work colleagues or family friends who are not named anywhere in the document.

Question 5

What does an executor actually do?

Accepted Answer

Executors are the people you appoint to administer your estate after you die. Their job is to locate the will, register the death, apply for probate (the Grant of Representation), value the assets, pay any debts and inheritance tax, deal with HMRC and the Department for Work and Pensions, then distribute what is left to the beneficiaries in line with the will. You can appoint between one and four executors, ideally a mix of people you trust personally and, for larger or more complex estates, a professional such as a solicitor or accountant. Executors can also be beneficiaries, and most people choose a spouse or adult child plus a backup.

Question 6

Can I name guardians for my children in my will?

Accepted Answer

Yes, and you absolutely should if you have children under 18. A testamentary guardian named in your will takes legal responsibility for raising your children if both parents with parental responsibility have died. Without nominated guardians, the family court decides, which can mean delays, family disputes, or the children being placed in local authority care while matters are resolved. Always speak to your chosen guardians first to make sure they accept the role, and think about leaving funds in a trust within the will to support them financially.

Question 7

What is a residue clause and why does every will need one?

Accepted Answer

The residue is everything in your estate left over after specific gifts, debts, taxes and expenses have been paid. A residue clause says who inherits that remainder. Without one, the residue passes under the intestacy rules even though you have a will, a result known as partial intestacy that frequently splits the estate in ways the deceased never intended. Most professionally drafted wills give a few specific gifts (a watch to a grandchild, 5,000 pounds to a charity) and then leave the residue, usually the bulk of the estate, to a named primary beneficiary with substitutes if they have already died.

Question 8

What are mirror wills and when do couples use them?

Accepted Answer

Mirror wills are two near-identical wills made by a couple, typically leaving everything to each other on first death, then to the same beneficiaries (usually their children) on second death. They are popular because they are straightforward, cost less than two separate complex wills, and reflect a shared plan. However, mirror wills are not legally binding on the survivor: after the first death the survivor can change their will, remarry (which revokes the existing will), or spend the inheritance. Couples who want to lock in the plan, particularly in blended families, often add a life-interest trust or use mutual wills with a legal agreement preventing change.

Question 9

What is a Lasting Power of Attorney and why do I need one alongside a will?

Accepted Answer

A Lasting Power of Attorney (LPA) is a legal document letting someone you trust make decisions on your behalf if you lose mental capacity through dementia, stroke, brain injury or other illness. A will only takes effect after you die, an LPA covers the gap while you are still alive but unable to manage your own affairs. Without one, your family must apply to the Court of Protection for a deputyship order, which is expensive, slow (often six months or more), and supervised by the court for life. Most advisers recommend putting LPAs in place at the same time as your will.

Question 10

What is the difference between a property and financial LPA and a health and welfare LPA?

Accepted Answer

There are two separate LPAs and you can make one or both. A Property and Financial Affairs LPA covers bank accounts, paying bills, claiming benefits, managing investments, and selling or buying property; it can be used (with your permission) while you still have capacity. A Health and Welfare LPA covers decisions about medical treatment, care home placement, day-to-day routine, and life-sustaining treatment; it can only be used once you lack capacity. Both are registered with the Office of the Public Guardian and cost 82 pounds each (fee remission available on low income).

Question 11

Do I need a solicitor to make an LPA?

Accepted Answer

No, you can make an LPA yourself using the official forms on GOV.UK and register it directly with the Office of the Public Guardian (OPG). The registration fee is 82 pounds per LPA, with fee exemptions or reductions for people on means-tested benefits or with a low income. That said, an LPA is one of the most powerful documents you will ever sign, so many people prefer a solicitor or estate planner to draft it, especially if family relationships are complex, you want to include specific instructions or preferences, or you want to appoint multiple attorneys with joint and several powers.

Question 12

Should I update my will, and what is a codicil?

Accepted Answer

Yes, review your will at least every five years and after any major life event: marriage, divorce, birth of a child or grandchild, death of a beneficiary or executor, a large change in your assets, or moving country. A codicil is a short legal document that amends one or two clauses of an existing will and must be signed and witnessed with the same formality. Codicils suit minor tweaks, such as changing an executor or adding a small gift. For anything more substantial, draft a new will that expressly revokes all previous wills and codicils; multiple overlapping documents are a common source of probate disputes.

Question 13

Does getting married revoke my existing will?

Accepted Answer

Yes, in England, Wales and Northern Ireland, marriage or entering a civil partnership automatically revokes any earlier will under section 18 of the Wills Act 1837, unless the will was specifically made in contemplation of that marriage. This catches a lot of people: they write a will leaving everything to a partner, then marry, and the existing will is wiped, leaving them intestate without realising. If you are about to marry, either include an express contemplation clause or plan to re-execute your will after the ceremony. Scotland does not have this rule, which is a key cross-border difference to be aware of.

Question 14

How do wills, trusts and inheritance tax planning fit together?

Accepted Answer

Every individual currently has a nil-rate band of 325,000 pounds, meaning the first 325,000 pounds of their estate is free of inheritance tax (IHT), with anything above taxed at 40 percent. If you leave your main home to direct descendants you may also use the residence nil-rate band of up to 175,000 pounds, taking a couple to a combined 1 million pound threshold. Wills can incorporate trusts (discretionary trusts, life-interest trusts, nil-rate band discretionary trusts) to ring-fence assets for children from a previous relationship, protect against future care fees, or capture allowances on first death. IHT planning often combines a well-drafted will with lifetime gifts, life insurance written in trust, and pension nominations.

Question 15

What about digital assets, funeral wishes and charitable gifts?

Accepted Answer

A modern will should account for digital assets: cryptocurrency, online accounts with stored value, photo libraries, social media memorialisation, and domain names. Most platforms require executors to prove identity and authority, so leave clear (but separate from the will, for security) instructions on how to access them. Funeral wishes can be expressed in the will but are not legally binding on executors, so also tell your family directly or use a funeral plan. Charitable gifts are inheritance tax free and, if you leave at least 10 percent of your net estate to charity, the IHT rate on the rest drops from 40 percent to 36 percent, a meaningful incentive built into the rules.

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