As part of the Isle of Wight High Sheriff My Life. My Death. My Plan campaign, we explain why making a Will is vital, to ensure you have a say in what happens to your money, property and possessions after you die. 

Everyone’s situation is unique, and the best way to ensure your wishes are in place is to seek professional legal advice. 

What is a Will?

A Will is a legal document that allows you to pass on your possessions to others after your death. Writing a Will gives you control over what happens to your money, possessions and property after you die.

Your possessions do not simply pass automatically to your spouse or children, which is why it is vital to make plans for the future.

Read more: CLICK HERE for more from the Isle of Wight High Sheriff My Life. My Death. My Plan. campaign.

What happens if I don't have a Will?

If you die without having made a Will, the intestacy rules apply.

What are intestacy rules?

In England and Wales, intestacy rules enforce a strict legal order of priority.

Under these rules, a legal spouse or legal civil partner is prioritised, along with biological or adopted children.

Unmarried partners and stepchildren are excluded so, if you live with your partner without getting married or entering into a Civil Partnership, your partner will not automatically inherit any of your estate. Instead, they would have to make a claim.   

What does a Will protect?

Family: Family arrangements are becoming more complex. If you have children from a previous relationship you can use a Will to protect assets for those children.

Care costs: A Will can be used to protect assets against future care fees. A trust can protect your capital for your children or other beneficiaries, whilst allowing your spouse to remain in the family home and benefit from the income from any other capital.

Charity: Intestacy rules do not include charities or other organisations. Instead, you can do this by making a Will.

How to make a Will

It is never too late to make your Will, but it must meet certain legal requirements and be signed by you, in the presence of two witnesses who are not beneficiaries.

To ensure your Will is legal, you can consult a legal professional, or use a Will-writing service.

If you plan to use a solicitor or Will-writing service, ask for some comparative quotes before you commit.

Check the organisation or solicitor is regulated by the Solicitors Regulation Authority, or belongs to either the Institute of Professional Will Writers or the Society of Will Writers.

You should seek specialist legal advice if you have a child, partner or relative with a learning disability, if they are to be named in your Will.

Finding a solicitor

To find a solicitor to oversee your Will, you might like to visit the National Law Society', by clicking HERE.

Because Will writing is not a "reserved legal activity", anyone can legally set themselves up as a Will writer. This makes services cheaper but it leaves consumers with fewer protections and less recourse if something goes wrong, compared to using a regulated solicitor. Ensure your chosen Will writer has professional indemnity insurance. 

What happens after I have made my Will?

Think about how to keep it safe. This might be with a solicitor, or in a home safe.

Review your Will regularly, especially following any life changes. It is important to keep it updated, and ensure your loved-ones know where it is.

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FAQs:

• Where should I keep my Will?

It can be kept anywhere, but ensure it is safe and your executors (the people who will oversee your estate when you die) know where it is.

• Can I write a Will myself, on a bit of paper?

As long as the document complies with the rules on execution (for instance, you will need two witnesses who are not named in your Will), it can be handwritten and would be legally recognised.

• What if I have safeguarding concerns?

Wills can be challenged if there is concern its maker did not have capacity to write it or was subject to undue influence.  A good professional will ensure these matters are considered and recorded, in case of challenge after death. 

• Can I use AI to write my Will?

Whilst AI can sometimes be a useful tool, it is not without its faults. It is not recommended that you use AI to write a Will.