Last Updated April 22, 2024
What is a Last Will and Testament?
You can use a Last Will and Testament to control the distribution of your estate and to appoint a legal guardian for any dependents after you pass away. When you create a Last Will, you’re known as the testator.
This document includes custom instructions for allocating money and property to certain people or organisations (i.e., beneficiaries). You may name multiple beneficiaries and divide your assets as you see fit.
A Last Will and Testament also appoints someone to act as your executor (often a trusted family member or a hired professional) to manage and close your estate when you die.
Why do I need a Last Will and Testament?
If you don't have a proper Will in place prior to your death, the law determines who will receive your assets. Typically, this means your surviving family members stand to inherit—regardless of whether you had a good relationship with them or not. On the other hand, if you have no living relatives, the crown collects your property.
You can also use a Last Will to appoint guardians for your minor children. Otherwise, if you and anyone else with parental responsibility die without a Will, the court decides who becomes responsible for your children.
What’s more, without a Will, only your closest living relative can apply for probate (which is the legal right to act as your administrator). So, if you want your partner to act as your executor—but you aren’t married or in a civil partnership—you must name them as an executor in your Will.
Keep in mind that most executors will need to apply for probate, although there are some situations that don’t require it. The probate process also varies slightly by country in the U.K.
How do I write a Last Will and Testament?
Use LawDepot’s Last Will and Testament template to create a simple yet comprehensive document. We’ll guide you through the different aspects of an estate, so you can feel confident your document covers everything.
Simply answer the questionnaire to customise the template, then print, sign, and execute your legal Last Will and Testament.
The information you’ll need to write your Will is as follows.
1. Record testator details
You must include the testator’s:
- Full name
- Place of residence
- Marital status
These details may affect the laws that apply to the distribution of the estate.
2. Name an executor
An executor is responsible for administering your estate. The duties related to this role may include:
- Paying debts, funeral expenses, and estate taxes and costs
- Collecting or disposing of personal property
- Managing real estate and/or investments
- Opening or closing bank accounts
- Carrying out final instructions
With this in mind, it’s crucial to appoint someone you trust to act as your executor. Not only should this person be willing and capable to act in this role, but they must also meet legal requirements. For instance, you cannot choose a minor or someone who has been convicted of a criminal offence.
Note that you may have more than one executor. In this case, they must cooperate to administer the estate. It’s also best practice to name an alternate executor should anything prevent your first choice from carrying out your estate plans.
Finally, it’s perfectly acceptable for your executor to be a beneficiary in your Will. In fact, this is common when family members are appointed as executors.
Alternatively, you can hire a professional (such as a solicitor or accountant) to administer your Will. In this case, funds from your estate will go towards the professional’s fee.
3. Add family details
Add the names of any children you have and specify whether they’re minors or adult dependents. If needed, you can name a guardian to assume responsibility for your dependent children when you pass away. Of course, this person would only take responsibility if both parents die.
If you have minor beneficiaries, LawDepot’s Last Will and Testament template allows you to add a term for delaying their inheritance until they reach a certain age.
4. Specify gifts and name beneficiaries
Your beneficiaries are the individuals, organisations, or charities that will benefit from your Will by inheriting property or sentimental gifts.
If there are specific items (such as heirloom jewellery or the family home) that you wish to bestow on a particular person, be sure to say so in your Will.
Keep in mind that there are certain things you cannot include in your Last Will and Testament:
- Proceeds from programs that already have beneficiaries (e.g. pension funds)
- Jointly held property with rights of survivorship (i.e., the other owner automatically inherits the deceased’s share)
- Your spouse's property
After listing specific gifts, you can name the beneficiaries who will inherit the remainder of your estate.
If your listed beneficiaries cannot accept the inheritance (e.g., they refuse or predecease you), you can also add a wipeout beneficiary to inherit instead. Otherwise, people typically leave their inheritance to be divided equally among their parents and siblings.
5. Add final details
If you’d like to add specific instructions that aren’t already addressed in the questionnaire, you can write the clause yourself. For example, you may wish to forgive someone for an unpaid debt.
However, you should avoid adding instructions for funeral plans, as it’s likely your Last Will won’t be read until after your funeral. What’s more, these instructions will not be legally binding.
How do I execute my Last Will and Testament?
To properly execute your Will, you must sign the document in the presence of two witnesses.
Remember that both of your witnesses should be competent adults who are not beneficiaries of your Will. What’s more, they cannot be the spouses of a beneficiary of your Will.
Once everyone is together, identify the document as your Last Will and Testament to your witnesses. Initial the bottom of each page and then provide a full signature on the signing page.
Next, your witnesses must acknowledge that they’re witnessing your Last Will and Testament. They must initial each page (beside the testator’s initials) and sign and fill out the required information on the signing page of the Will.
Finally, it’s essential to warn your witnesses that they may have to testify in court about completing this process with you.
You don’t need to notarize your document for it to be legal, however, you may do so for peace of mind.
Where should I store my Will?
After executing your Will, you should store the original copy in a safe location. This can be with your solicitor, your bank, or a probate service. In any case, inform your executor where the Will is and ensure they can access it when needed. Your executor will need the original copy to apply for probate.
Some people create copies of their Last Will and Testament to give to their executors or beneficiaries in advance. In the end, this is up to the testator’s discretion.
Can I make changes to my Last Will?
Yes, you can use a Codicil to add or change clauses in your Last Will and Testament. This is a legal document with similar signing requirements as your Will.
If you need to make significant changes, it’s best practice to create a new Last Will and Testament. If you create a new Will, you should destroy the previous one and notify your executor of the change.
You should update or create a new Will after major life events such as:
Can a Last Will be changed after death?
No. However, someone may contest a Last Will and Testament if they have the legal grounds to do so. For example, legitimate reasons for challenging a Will include:
- If the deceased didn’t have the mental capacity to create the Will
- If the testator was coerced into creating the Will
- Suspicion of forgery or fraud
Do I need to register my Last Will and Testament?
Although it’s not legally required, registering your Last Will and Testament with the U.K.’s National Will Registry is an excellent way to safeguard your estate plan.
