How to Write a Will
Your will is probably the most important document you will ever write. It is your stated wish of what happens to the possessions you leave behind when you die. None of us want to think of our own mortality, but ignoring it is usually even more problematic, especially for those you leave behind. It’s never too early for someone into their adult years to write a will, but of course, first you need to know how to write a will.
It is not a legal requirement that a will must be drawn up by a solicitor but solicitors are regulated by the Law Society and have studied many years to be qualified to deal with such matters. However, there are certain possible dangers of making a will yourself or with an unregulated will writer and not with a solicitor. The most obvious one being that when your will is finally examined, you will not be around to provide explanations, or to correct any minor deficiencies of a technical matter or errors that may arise. If the will has been written badly or ambiguously, those trying to execute it may interpret it wrongly, and thereby inadvertently fail to carry out your actual wishes. A solicitor can also assist to mitigate tax liabilities through sound tax planning advise.
Your will should start by quite simply stating that it revokes all others. It will be witnessed and signed, so any will subsequently found that predates it will become null and void. However, if you know of the existence of an earlier will, you should have it destroyed.
The will must also name at least one executor, a person who will be responsible for seeing that the instructions in the will are carried out fully. It is probably best to name at least two executors, listing them in order of preference, in case any one is unable to perform the duty for whatever reason. Your executors can be family members or friends, or the solicitor who helps you with how to write a will.
You will have to assess your estate next. This includes all the possessions owned by you. It can include a house, or houses, a car, money in the bank, a CD collection, or indeed anything that is in fact provably yours. You need to specify who will inherit your possessions when you die, bearing in mind any laws of inheritance that may apply.
This part of the will should not be vague or imprecise in any way. Make certain that each item of your possession is clearly identified and the person to whom you wish it to pass it on to, your beneficiary, is also clearly identified. There is no room here for ambiguity, so be sure to create none. Identify each beneficiary clearly by their full name and by their relationship, if any, to you.
The will needs to be witnessed, but you should choose your witnesses carefully. The law states that all witnesses, as well as their husbands, wives or civil partners, must be over 18 years of age, and must not benefit from the will. In other words, your witnesses should not be someone you intend leaving something to.
Be guided by any expert advice offered, and remember that this is a very serious and binding document. Wills can of course be changed, but it is always be best if they are written carefully and thoughtfully and thoroughly checked in the first place.
Resources:
http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029800
http://www.certainty.co.uk/making-a-will