It is not recommended to make your own Will using a template because mistakes can be made or instructions left out which could invalidate your Will. As this is one of the most important documents you’ll ever make, one that will positively shape and protect your family’s future, you should seek professional help to ensure you make a legally binding document that will stand up in court across all scenarios.
Using a professional Will writer is usually the easiest and most affordable way to make a high-quality Will. Your Will writer will explain everything during your FREE consultation, but in the meantime, have a read of this guide so you can prepare for making your Will.
Wills Terminology
There are several legal terms involved with making a Will. Your professional Will Writer will explain everything you need to know, but it’s good to be at least be aware of these terms beforehand.
Testator
This is the person whose Will it is, if you’re making a Will you are the testator.
Executor
This is the person who will act on the Will and ensure the terms are followed after the testator dies. The executor is chosen by the testator.
Beneficiary
This is a person who will receive assets or powers according to the Will. Most Wills have multiple beneficiaries unless the entire estate is going to one person.
Probate
This is the legal process where a Will is validated by a court of law, ready to be executed by the executor
Intestate
If you die without a Will, you are said to have died ‘interstate’ and your estate will be distributed according to intestacy rules.
Trust
This is a legal entity where assets can be entitled to a beneficiary but held in the trust until a specific date. Probate is usually not required when using a trust.
The 7 Steps to Making a Will
Step 1. Book your FREE consultation
The first step is to book your free consultation with one of our professional Will writers. They’ll answer your questions, explain how the process works, and give you a quote based on the complexity of your estate – our Simple Will starts at just £199! You don’t need to complete any of the following steps before you speak to us as our friendly Will writers will guide you through from start to finish, but you may want to read through the steps and prepare what you can.
Step 2. Organise your estate on paper (assets and debts)
The second step is to work out approximately how much your estate is worth by listing all of your assets and debts. It may be a good idea to get an up to date valuation for certain assets such as your home.
Examples of common assets:
- Primary home and any other properties you own
- Savings in the bank
- Pension funds
- Investments
- Life insurance
- Motor vehicles
- Jewellery, furniture, and other expensive belongings
Examples of common debts:
- Mortgage
- Loans
- Credit card balance
- Bank overdraft
- Equity Release
Step 3. Decide on your instructions
We’ll help you understand which instructions you may want to include in your Will during your free consultation. It’s important your instructions are written correctly to ensure your Will is legally valid. Some common instructions you may want to consider are:
- Who will be legal guardians to your children?
- Who will be legally responsible for your children’s inheritance?
- Who will inherit your assets and what items or share will they each get?
- Who will be legally responsible for executing your Will?
- Are there any charities you wish to donate to?
- How should debts, expenses, and taxes be paid?
- What should happen to any residual estate?
- What should happen if any of your beneficiaries were to die before you?
- What should happen if your executor was to die before you?
Step 4. Choose your executor(s)
You’ll need to choose at least one person to be legally responsible for executing your Will when you pass away. Your executor will have to apply for probate and then distribute your estate according to your Will. It’s important you choose someone who is capable and willing to take on this responsibility and to let them know where they’ll be able to find your Will.
Step 5. Have your Will professionally written
Once all the above steps have been considered, it’s time to turn your wishes into legally binding instructions. Unless you have a legal background, it’s important you use a professional Will writer to ensure your Will is valid and will stand up in court across all scenarios. Your Will writer will also save you a lot of time and hassle because creating a legal document such as a Will requires precision, experience, and specific training. For more information on why you should use a professional Will writer click here.
Step 6. Sign your Will
It’s important you sign your Will correctly otherwise it will be invalid. You’ll need to sign your Will in the presence of two independent witnesses, who must also sign it in front of you and each other – so all three people should be present for the signing. Since the coronavirus pandemic, the definition of being ‘present’ has become slightly more flexible, and you can now witness a signing through an open window or door, from adjacent rooms, outdoors from a short distance, or over a video call. When choosing your witnesses, make sure they’re not beneficiaries of your estate or your beneficiaries’ spouses or civil partners. Members of our team can act as your witnesses to make this process easier for you if you wish.
Step 7. Store your Will
It’s important your Will is stored securely and that your executor knows where to find it. We offer a professional storage service that costs just £100 for lifetime storage. Alternatively, you may want to store your Will with a solicitor or the probate service. We do not advise that you store the original copy of your Will at home due to the risk of damage or loss, or at your bank as this can lead to problems when applying for probate. For more information on the advantages and disadvantages of each of these options please see our guide – ‘How Do I Store My Will and How Will My Family Find It’.
The Bottom Line
With the help of a professional Will writer, making a Will is a relatively quick and easy process. The importance of making a professional Will cannot be overstated – it has the power to shape your family’s future and protect your legacy. To ensure your Will does what it’s supposed to do, it needs to be written correctly and stored securely.
At Michael Usher Wills & Estate planning we’ve been helping our local community for over 30 years. We’re regulated members of the Institute of Professional Will Writers, so you can be confident that you’ll receive a high-quality, professional Will. Our friendly team is always happy to chat with you for free about your Will and answer any questions. Please call us on one of the numbers below or book your FREE consultation here. We look forward to helping you protect your assets, your family, and your legacy.
Camberley: 01276 691979
COVID-19 Update
You are more than welcome to come into our office, but we can also make your Will remotely if you’d prefer – please read the article below to find out how this works.
