Making a Will

Although you can draw up your own will a solicitor can advise you on the precise wording necessary to ensure that your wishes are carried out exactly. A solicitor will also be able to advise you how to ease the burden of Inheritance Tax, for example by giving gifts during your lifetime.

What do I need to decide before going to a solicitor?

You should think about how you would like your possessions to be distributed. In particular, think about what will happen to personal items of value such as jewellery, pictures or ornaments.

Even if it is known that your personal possessions are to remain in the family or to pass to particular friends, directions to that effect should be given in your will. You should also consider whether you would like to leave specific sums of money to relatives, friends or charities and what is to happen to the remainder or ‘residue’ of your estate (the residue of your estate is anything that is left over after all your debts, and funeral and estate expenses have been met and specific items dealt with according to your instructions).

You should remember that your estate includes your house. Unless you leave your estate to your spouse or a charity, tax may be payable in respect of the house, and it may even have to be sold to meet this liability.

A tax-free gift to charity will reduce the taxable portion of your estate, so that your other beneficiaries will benefit as a result of the reduced tax liability.

What information do I need to give to my solicitor?

Here are some of the things you should give to your solicitor:

•A list of the names and addresses of the people and any charities that you wish to benefit. It is important to get the names correct and spell them out in full.

•A list of all that you have to leave: house, car, shares, insurance policies, etc.

•A list of any items of personal property and the people you wish to leave them to.

•The names and addresses in full of the people who you wish to be your executors.

•A list of any property that you hold jointly and anything held in trust for you.

•Any earlier will, if you have one.

Who will make sure that the wishes in my will are properly carried out?

You can decide who will be responsible for this and they will be named in your will as your ‘executors’. Most people choose two executors. One is usually a friend or close relative and the other is usually your solicitor.

Does my will need to be witnessed?

Yes. You must sign your will and this needs to be witnessed by two people who must be there and sign at the same time. Both witnesses need to be people who are not beneficiaries or the husbands or wives of beneficiaries. The witnesses do not have to see what is in the will. They only have to see that it is a will and to watch you signing it.

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