At Marlborough Law Ltd, we often meet clients who delay making a will, thinking it’s only necessary later in life. In reality, preparing a will is a crucial step at any age once you have something or someone to care for. Whether you’re starting a family, entering a civil partnership, or acquiring property, your will ensures your wishes are clearly stated and legally upheld.
When Should You Make a Will?
The short answer: as soon as your circumstances warrant it. That could mean:
- Entering into a marriage or civil partnership
- Buying property or acquiring valuable assets
- Having children or stepchildren
- Taking on responsibilities for dependents or elderly relatives
Wills aren’t just about passing on money or property—they’re about protecting the people you care about. Without one, your estate may not be distributed according to your wishes, and your loved ones could face unnecessary stress and hardship.
What Should Be Included in a Will?
Your will should be tailored to reflect your unique situation. Typically, it will cover:
- Asset distribution – Who should receive what, whether it’s money, property, or treasured family heirlooms.
- Guardianship – If you have children under 18, appoint a legal guardian. Without this, the courts decide their future.
- Sentimental items – Specific instructions for personal items of emotional value.
- Charitable donations – If you wish to support a cause close to your heart.
Important note: Do not include funeral wishes in your will. Funeral arrangements often need to be made before the will is read. It’s best to share those wishes directly with your loved ones or include them in a separate document.
Choosing an Executor
An executor is the person responsible for ensuring your wishes are carried out. This is a significant role, requiring organisation, time, and emotional resilience. You should:
- Choose someone you trust implicitly.
- Consider their age and health—they should ideally outlive you.
- Understand that the role may burden a grieving loved one.
Professional executors—such as solicitors—can offer a neutral, experienced hand, managing the legal process efficiently and sensitively.
Making Changes: Codicils vs New Wills
Life changes—so should your will. Whether through marriage, divorce, the birth of grandchildren, or significant changes in assets, you should review your will every five years.
A codicil is a formal amendment to an existing will. It’s suitable for minor updates but can cause confusion if overused. For significant life changes, drafting a new will is often the safer choice. Be sure to:
- Clearly state that the new will revokes previous versions.
- Destroy old copies to avoid future disputes.
Do You Need a Lawyer?
While it’s legally possible to write your own will, there are serious risks in doing so—especially if your affairs are complex. DIY will kits might seem economical, but they lack the expertise required for:
- Cross-border assets
- Blended families or stepchildren
- Trust arrangements
- Inheritance tax planning
A solicitor ensures your will is valid, unambiguous, and legally robust. It can be the difference between a smooth transition and a contested estate.
Mirror Wills: What Are They?
Mirror wills are common among couples. Each partner leaves everything to the other, and then to their children or chosen beneficiaries. However, these are not binding—after the first partner dies, the survivor can change the will. This can lead to disputes, especially in blended families or estranged relationships.
Consider discussing mutual wills or trust arrangements if you want stronger assurances about how your estate is managed after your passing.
What Happens If You Die Without a Will? (Intestacy)
Dying intestate—without a valid will—means your estate will be divided according to the rules of intestacy, which may not align with your wishes. For example:
- An unmarried partner may receive nothing.
- Children could be overlooked in favour of a surviving spouse.
- The courts will appoint guardians for your children.
This process can be distressing and cause lasting damage to family relationships. Writing a will ensures clarity and peace of mind.
Probate and Contested Wills
Probate is the legal process of validating a will and administering the estate. If someone believes the will is invalid or was made under duress, it can be contested, leading to delays, emotional strain, and legal costs.
Having a clearly written will, drafted with professional advice, significantly reduces the risk of such disputes.
Final but Crucial Advice: Tell Someone Where It Is
One of the most overlooked steps is informing someone where your will is stored. A well-drafted will is useless if no one knows it exists or where to find it. We recommend storing it in a secure but accessible location, and informing your executor or a trusted family member.
At Marlborough Law, we’re here to guide you through every step—from initial drafting to long-term planning and updating. Our team in Hungerford serves clients throughout West Berkshire, Marlborough, Swindon, and Newbury, with a compassionate and community-focused approach.
Get in touch today to start safeguarding your family’s future.
