Creating a will can be an important step to take before someone passes away, but it’s important to make sure you follow the correct procedures. Here’s a step-by-step guide to help you through the process:
1. Understand what a will is:
- It is a legal document that outlines how a person’s assets and property will be distributed after their death. The document must be signed and witnessed in a specified way in order to be valid.
2. Create a will:
- Create a will while you are still able to do so. It will help ensure that your wishes are carried out after your death. Without a will, the law will say who inherits your assets.
3. Choose an executor:
- Choose someone who is trustworthy and capable of handling the responsibilities involved, as they will be responsible for carrying out your wishes after your death.
4. Gather information:
- Before creating a will, you will need to gather information about your assets and property. This can include bank accounts, investments, property, and personal belongings.
5. Consult a lawyer:
- You may want to consult a lawyer to help you create a will. A lawyer can help ensure that the will is legally binding and meets your individual needs.
6. Determine how assets will be distributed and any liabilities paid:
- You will need to determine how your assets will be distributed after your death. You may want to leave specific items or amounts of money to certain individuals, or may want to divide your assets equally or unequally between people or organisations.
7. Store the will in a safe place:
- Once the will has been created, it should be stored in a safe place where it can be easily accessed after your death. This can include a safe deposit box, a fireproof safe, or with a trusted family member or lawyer.
Creating a valid will can be tricky, but taking these steps can help ensure that your wishes are carried out and that your assets are distributed according to your wishes. Without a will, your nearest and dearest e.g. unmarried cohabitee may not inherit anything.
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Rachel is an accredited member of the Society of Trust & Estate Practitioners, and joined the firm as a trainee in 1991. She initially worked within our Litigation Department where she gained considerable experience in dealing with contentious matters such as disputes over Wills and Lasting Powers of Attorney. As well as preparing the aforementioned, she deals with Estate Administration and Court of Protection orders.
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