If you die without a valid will, your money and possessions may not go to the people you would like them to.

Why should I make a will?

If you want to be sure your wishes will be met after you die, then it’s important you have a will. A will is the only way to make sure your savings and possessions (your estate) go to the people and causes that you care about. Unmarried partners, including same-sex couples who don’t have a civil partnership, have no right to inherit if there is no will.

What happens if I don’t make a will?

If you don’t make a will, you will die ‘intestate’ and your estate may not go to the people you want. There are special rules for how your estate will be distributed these are called intestacy rules:

• If you have a spouse or civil partner and children Your spouse or civil partner will inherit all your personal possessions and at least the first £250,000 of your estate, plus half the rest. Your children will then be entitled to the other half of the balance.
• If you have a spouse or civil partner but don’t have children Your spouse or civil partner will inherit your whole estate. This includes your personal possessions.
• If you have children and your spouse or partner is deceased Your children will inherit everything, divided equally between them.
• If you don’t have a partner or children If you have no partner or children, then parents, brothers, sisters, and nieces and nephews may inherit your estate.

How do I make sure my will is valid?

For a will to be valid:

• it must be in writing, signed by you, and witnessed by two people
• you must have the mental capacity to make the will and understand the effect it will have
• you must have made the will voluntarily and without pressure from anyone else.

The beginning of the will should say that this will revokes all others. If you have an earlier will, it should be destroyed.

Signing the will

You must sign a will in front of witnesses. If you can’t sign the will, it can also be signed on your behalf, as long as you’re in the room and it is signed at your direction. However, you must have the mental capacity to make the will, otherwise the will is invalid. Any will signed on your behalf must contain a clause saying you understood the contents of the will before it was signed.

Witnessing the will

Your signature to the will must be witnessed by two adults. They must also sign the will in your presence. The witnesses or their husbands, wives or civil partners cannot benefit from the will. If anything has been left to the witnesses, the rest of the will is still valid, but the witness will lose their entitlement to whatever you had intended to leave them.

Making a will if you have an illness or dementia

If you have a serious illness or a diagnosis of dementia, you can still make a will, but you need to have mental capacity to make sure it is valid. Your solicitor should make sure of this, and you may need a medical practitioner’s statement at the time the will is signed, certifying that you understand what you are signing.

How do I update my will?

You should review your will every five years and after any major change in your life such as having a new grandchild or moving house. Never make alterations on the original document.

Making a minor change: Minor changes to your existing will are called codicils. They must be signed and witnessed in the same way as the will, although the witnesses don’t have to be the same as the original ones. Making a substantial change: If anything substantial needs to be changed, you need to make a new will.

Do I have to change my will if I get remarried or divorced?

If you marry, remarry or enter a civil partnership, this usually makes a previously existing will invalid. If you get divorced, your will stays valid, but your ex-spouse or civil partner won’t inherit anything if he or she is mentioned in the will.