Home >
Will Writing
8 min read
Professionally reviewed
What to consider when making a will
Making a will involves more decisions than most people expect. This guide walks you through every key consideration — so that when you sit down to write yours, you already know what you want.
Key takeaways
Your will needs to name executors, beneficiaries, and — if you have children under 18 — guardiansThink carefully about who inherits what, and in what proportions, before you start
Marriage automatically revokes a previous will in England, Wales and Northern Ireland
If you have significant assets or a complex family situation, a trust within your will may be worth considering
Review your will after any major life change — new relationship, new child, divorce, or inherited assets
Why preparation matters before you start
The single biggest reason people find the will-writing process difficult is that they sit down to write their will without having thought through the key decisions first. The online process — ours included — will guide you through each question in turn. But it goes much more smoothly, and produces a much better result, if you’ve already thought about what you want before you begin.
This guide takes you through the main decisions you need to make. It doesn’t require any legal knowledge. It just helps you think things through before you start.
Understanding what makes up your estate
Your estate is everything you own at the time of your death — your property, savings, investments, personal possessions, vehicles, and any other assets. The value of your estate determines who might be affected by inheritance tax and how your will should be structured.
Before making your will, it helps to have a rough sense of what your estate includes. You don’t need precise figures — just a general picture of your main assets and roughly what they’re worth.
Worth knowing: Some assets don’t pass through your will at all. Life insurance policies, pension death benefits, and jointly owned property often pass directly to named beneficiaries or surviving co-owners. Check these separately.
Choosing your executors
Your executor is the person responsible for carrying out the instructions in your will after you die. This includes obtaining probate, collecting assets, paying debts and taxes, and distributing what remains to your beneficiaries. It’s an important role that requires someone organised, trustworthy, and ideally available to deal with matters over a period of months.
How many executors should you appoint?
Most people appoint one or two executors. Two is generally recommended — if one is unable or unwilling to act when the time comes, the other can proceed. Appointing more than two can make practical decision-making complicated, though it is sometimes appropriate for larger or more complex estates.
Who can be an executor?
An executor must be aged 18 or over and have mental capacity. They don’t need any legal or financial experience — solicitors can be instructed to help with the administration process if needed. Most people choose a spouse or partner, an adult child, a sibling, or a close friend. You can also appoint a professional executor such as a solicitor, though this typically incurs a charge from the estate.
Important: Talk to your chosen executors before naming them in your will. Being an executor can be time-consuming, and it’s better to know in advance that they’re willing and able to take it on.
Can an executor also be a beneficiary?
Yes — this is very common. Many people appoint their spouse or adult child as executor even though that person will also inherit from the estate.
Deciding who inherits — your beneficiaries
Your beneficiaries are the people (or organisations) who receive your estate. Deciding who inherits, and in what proportions, is the most personal part of making your will.
Primary and residuary beneficiaries
Most wills distinguish between specific gifts — leaving a particular item or sum of money to a named person — and the residuary estate, which is everything left after specific gifts and debts have been dealt with. Your residuary beneficiaries receive what remains after all other distributions have been made.
What happens if a beneficiary dies before you?
It’s worth thinking about what should happen to a gift if a beneficiary dies before you do. You can name a substitute beneficiary — sometimes called a gift-over — to receive the gift instead. Without one, the gift falls back into the residuary estate.
Leaving gifts to charities
If you want to leave a gift to a charity, you’ll need the charity’s full registered name and charity registration number. Leaving 10% or more of your net estate to charity also qualifies your estate for a reduced inheritance tax rate of 36% rather than 40%.
Appointing guardians for children
If you have children under the age of 18, appointing a guardian in your will is one of the most important decisions you can make. A guardian is the person who would take on parental responsibility for your children if both parents were to die.
Without a guardian named in your will, the courts would make this decision — and their choice might not align with your wishes. Your will is the only legally binding way to express a preference.
Important: A guardian named in your will only takes effect if both parents with parental responsibility have died. If the other parent is still alive and has parental responsibility, they would normally take over care regardless of what your will says.
Think carefully about who you would trust with this responsibility — and speak to them first. Consider whether they share your values, whether they have the capacity to take on additional children, and whether they live in a location that would minimise disruption to your children’s lives.
Should you include a trust in your will?
A trust is a legal arrangement where assets are held by one party (the trustee) for the benefit of another (the beneficiary). Including a trust in your will — sometimes called a will trust or testamentary trust — can be useful in a range of situations.
When a trust might be worth considering
You have children under 18 and want to control when they inherit (e.g. at 21 or 25 rather than 18)
You have children from a previous relationship and want to protect their inheritance
You want to provide for a spouse while also protecting assets for children from a previous relationship
You have a beneficiary who is vulnerable, has a disability, or who might need protection from their own financial decisions
Your estate may be subject to inheritance tax and you want to explore legitimate mitigation strategies
Trusts add a layer of complexity to your will and are not necessary for most straightforward estates. If you think a trust might be appropriate for your situation, our team can help you work out whether it’s needed and what type would be most suitable.
Life events that should trigger a will review
A will isn’t a one-off document — it should reflect your current wishes and circumstances. There are several life events that should prompt you to review or update your will:
Getting married— in England, Wales and Northern Ireland, marriage automatically revokes any previous will. If you marry without making a new one, you are effectively intestate.
Having a child— you may want to appoint or update guardians, and review how and when your children would inherit.
Divorce or separation— divorce does not automatically revoke a will, but it does affect how gifts to a former spouse are treated. Review your will as soon as your circumstances change.
A significant change in assets— inheriting money, buying a property, or starting a business all affect the composition of your estate and may require adjustments to your will.
A beneficiary or executor dying— if someone named in your will dies, you should review whether your will still reflects your wishes.
Moving abroad or acquiring overseas assets— different countries have different inheritance laws. If you have overseas assets or spend significant time abroad, take specialist advice.
Recording your funeral wishes
While a will is not the ideal place to record detailed funeral instructions — because it is often not read until after the funeral — it can be used to note a general preference, such as burial or cremation. More detailed wishes are better recorded in a separate letter of wishes or a funeral plan.
Frequently asked questions
Can I write my own will without a solicitor?
Yes. An online will carries exactly the same legal weight as one drafted by a solicitor, provided it is correctly signed and witnessed. The important things are that your wishes are recorded clearly, the document is correctly executed, and it genuinely reflects what you want.
What happens if I die without a will?
Your estate is distributed according to the government’s rules of intestacy. These rules prioritise spouses, civil partners, and blood relatives — but do not automatically provide for unmarried partners, stepchildren, or close friends, regardless of how long or significant the relationship.
Can I change my will after I have made it?
Yes, at any time while you have mental capacity. You can make a new will entirely, which automatically revokes the previous one, or add a formal amendment called a codicil. If your changes are significant, making a new will is usually cleaner and clearer.
Does getting married affect my existing will?
In England, Wales and Northern Ireland, yes — marriage automatically revokes any will you made before the marriage. You must make a new will after getting married. Scotland has different rules, but it is still strongly advisable to update your will after any significant life change.
Ready to write your will?
Start online from £99 — guided step by step, professionally reviewed.
Start My Will — £99
Book an appointment
Related guides
More plain-English guides from The Will Place.
Guide
How to sign your will correctly
A will that isn’t signed and witnessed properly has no legal validity. Here’s exactly what to do.
Read →
Guide
How to appoint an executor
What an executor does, who you can choose, and what to consider before you decide.
Read →
Guide
Appointing guardians for your children
The most important decision your will can make — choosing who would raise your children.
Read →
Ready to put your wishes in writing?
Making a will takes less than 30 minutes online. Every will is professionally reviewed before it reaches you.