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Where there’s a will, there’s a way

24 May 2022

6 minute read

The following article is going to make you think about your death. That’s a striking opening line, but deliberately so, because the topic is such an important one.

As much as we might like to block out thoughts of mortality, it is in fact impossible to escape from. We will all pass away at some stage, and therefore it makes sense to have a financial plan in place that reflects that.

As we mentioned in our recent article on financial protection , if you delay planning for worst-case scenarios, you risk compounding your loved ones’ pain should something bad unexpectedly happen to you. Leaving them without support in your absence can cause stress which is entirely avoidable.

In the following article, we explore some of the key things you might consider when thinking about the future of your estate. We also break down some of the common – and potentially costly – misconceptions and unknowns about wills.

Please note: This article does not constitute advice and is written with a UK audience in mind. Barclays Private Bank does not provide tax advice and you should always seek independent tax advice. Your tax circumstances are unique to you and subject to change.

Common misconceptions

Recent research showed that approximately 60% of adults in the UK do not have a will 1 . While this leaves the vast majority of people – or rather their estates – exposed in the event of death, it doesn’t mean the other 40% of adults can assume they’re done and dusted.

According to Nick Bearne, a Director at Barclays Private Bank, estate planning is not a one-and-done activity: “A common misconception is that you only have to write a will once,” he says. “In reality, your estate planning needs to keep up with your life. As an example, if you write a will aged 30, it’s highly likely that your circumstances will have changed by the time you’re 60. Perhaps you’ve had children, started a business, or even gone through a divorce. If you’ve not amended your plans in the meantime, then they’ll be out-of-kilter with the estate they’re supposed to represent.”

Given that each person’s circumstances are different, there isn’t a typical time frame for when you should review your plans. That said, there are so-called ‘trigger events’ which are worth keeping in mind. These are the type of moments in life that could substantially change your assets, and they include things such as marriage, having children, selling a business, and divorce (to name a few).

And with regards to divorce, there’s another misconception to be aware of – if you thought that getting divorced automatically changed your ex-spouse’s entitlements, then you would be wrong. It is only by changing a will after a divorce that you undo the previous arrangements. The divorce alone will not untie your ex-spouse from your estate.

Similarly, it’s worth keeping in mind that marriage doesn’t automatically determine that your spouse inherits your estate on your death. As Nick explains, if you die intestate and leave behind young children, it can lead to an unexpected outcome: “When there are minor children involved, and if you hold assets in a single name as opposed to joint names, then you’re potentially looking at a 50-50 asset split between your spouse and your children. And for the children, those assets might automatically go into a structured trust which they can access when they turn 18 years old.” 

You may want to ask yourself how you feel about your 18-year-old child having access to a potentially large sum of money, at such a young age. (There are inheritance tax implications to be aware of too, and professional tax advice should always be sought.)

Power of attorney

Having covered death and divorce so far in this article, we’re afraid it doesn’t get much lighter at this point, because we’re about to raise the issue of incapacitation.

While it’s an uncomfortable theme, there’s value in not shying away from it, because you never know if it could become a reality for you. In the UK alone, it is estimated that one in 14 people has dementia over the age of 65, and that stat worsens to 1 in 6 people over the age of 80 2 .

With that in mind, a Lasting Power of Attorney (LPA) is worth having on your radar. It’s a documented process formalised by the courts that allows you to appoint one or more people to act on your behalf, if you’re suddenly unable to make decisions yourself (for example due to mental incapacity).

Since 2007 in the UK, there are two different LPAs that you can apply for:

• Health and welfare
• Property and financial affairs

George Hill, an Assistant Vice President at Barclays Private Bank, provides some context: “Without an LPA in place, it can be very difficult to keep finances in good working order. Once a person has lost their mental capacity, it's no longer possible to make a power of attorney. Instead, an application to the Court of Protection is required for a decision to be made on a particular matter. If there is a continuing need to make decisions on the person's behalf, it is possible to apply to the Court to appoint a deputy.”

He continues, “As an example, if you hold assets in joint names with your spouse, and you want to sell them while your spouse becomes mentally incapacitated, it means going to court to get permission. And you’ll either have to keep going back to court if you need to make further decisions about those joint assets, or apply to become an appointed deputy.” 

The administrative burden of applying to the courts may be unwelcome at an already difficult time in your life. As George concludes: “Planning for worst-case scenarios can lighten the emotional load in challenging circumstances. And with regards to LPAs, they can also ease the burden on busy courts,” he adds. “It’s certainly food for thought when you’re thinking about your future.”

What’s in scope? And what’s your impact?

By this stage, we may have busted a few misconceptions for you, but there is one more to mention before we conclude – did you know that pensions and trusts are not covered by wills? They are typically transferred to inheritors via a ‘a letter of wishes’ or ‘nomination form’ that the deceased will have written in parallel with their will. Don’t therefore assume that your will covers assets held in these structures.

Lastly, it’s a good idea to think about the overall impact of your estate planning. If you’re leaving significant wealth to a few different people, will you be causing a storm if there’s a sense that one inheritor has been favoured over another? Perhaps there’s a particular property that means more to one person than another? Or maybe you’ve got philanthropy in mind?

We’re going to cover the latter topic in a future article, but there are merits in thinking about your impact more broadly. It may even help to stave off the threat of a family fallout further down the line. 

Whatever you decide to do, there are a number of options on the table, and regularly reviewing them makes a lot of sense.

Related articles

This communication:

• Has been prepared by Barclays Private Bank ( Barclays ) and is provided for information purposes only and is subject to change.  It is indicative only and not binding.  References to Barclays means any entity within the Barclays Group of companies, where “ Barclays Group ” means Barclays and its affiliates, subsidiaries and undertakings.
• Is not research nor a product of the Barclays Research department. Any views expressed in this communication may differ from those of the Barclays Research department. All opinions and estimates are given as of the date of this communication and are subject to change. Barclays is not obliged to inform recipients of this communication of any change to such opinions or estimates.
• Is general in nature and does not take into account any specific investment objectives, financial situation or particular needs of any particular person.
• Does not constitute an offer, an invitation or a recommendation to enter into any product or service and does not constitute investment advice, solicitation to buy or sell securities and/or a personal recommendation.  Any entry into any product or service requires Barclays’ subsequent formal agreement which will be subject to internal approvals and execution of binding documents.
• Is confidential and is for the benefit of the recipient. No part of it may be reproduced, distributed or transmitted without the prior written permission of Barclays.
• Has not been reviewed or approved by any regulatory authority.
• This communication is a marketing communication for the purposes of the relevant conduct of business requirements applicable to the communication.

Any past or simulated past performance including back-testing, modelling or scenario analysis, or future projections contained in this communication is no indication as to future performance. No representation is made as to the accuracy of the assumptions made in this communication, or completeness of, any modelling, scenario analysis or back-testing. The value of any investment may also fluctuate as a result of market changes.

Where information in this communication has been obtained from third party sources, we believe those sources to be reliable but we do not guarantee the information’s accuracy and you should note that it may be incomplete or condensed.

Neither Barclays nor any of its directors, officers, employees, representatives or agents, accepts any liability whatsoever for any direct, indirect or consequential losses (in contract, tort or otherwise) arising from the use of this communication or its contents or reliance on the information contained herein, except to the extent this would be prohibited by law or regulation. This communication is not intended for distribution, publication, or use in any jurisdiction where such distribution, publication, or use would be unlawful, nor is it aimed at any person or entity to whom it would be unlawful for them to access. Law or regulation in certain countries may restrict the manner of distribution of this communication and the availability of the products and services, and persons who come into possession of this publication are required to inform themselves of and observe such restrictions.

You have sole responsibility for the management of your tax and legal affairs including making any applicable filings and payments and complying with any applicable laws and regulations. We have not and will not provide you with tax or legal advice and recommend that you obtain independent tax and legal advice tailored to your individual circumstances.

Important information

Today’s Wills and Probate, ‘Only 4 in 10 UK adults have a Will despite owning a property’ , August 2021 Return to reference

NHS website, About Dementia – Dementia guide , June 2020 Return to reference

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• Births, deaths, marriages and care
• Death and bereavement

Making a will

Write your will.

Your will should set out:

• who you want to benefit from your will
• who should look after any children under 18
• who is going to sort out your estate and carry out your wishes after your death (your executor)
• what happens if the people you want to benefit die before you

You can also include a charity in your will .

When you need legal advice

You can get advice from a professional if your will is not straightforward, for example:

• you share a property with someone who is not your husband, wife or civil partner
• you want to leave money or property to a dependant who cannot care for themselves
• you have several family members who may make a claim on your will, such as a second spouse or children from another marriage
• your permanent home is outside the UK
• you have property overseas
• you have a business

Keep your will safe

You can keep your will at your home or store it with:

• your solicitor
• a company that offers the storage of wills - you can search online
• the national probate registry in Newcastle

Read full guidance on storing your will with the Probate Service .

You should tell your executor (the person you’ve chosen to carry out your will), a close friend or relative where your will is.

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• Wills, Trusts & Estates

Will Writing Services

A Will is a legal document that lets you decide what happens to your money, property, and possessions (your ‘estate’) after your death. It allows you to clearly set out your wishes and decide who’s responsible (executor) for dealing with your estate. It also sets out any procedures the executor may need to follow. With effective planning, a Will can also make sure that your loved ones are provided for in the most tax-efficient way.

If you don’t make a Will, the law will divide your estate according to what’s known as the rules of intestacy. These rules are very fixed and may not reflect what you’d like to happen to your wealth, or what’s most tax efficient.

More information about Wills can be found in our Wills Guide . You can also choose one of the options listed:

• Making A Will
• Our Online and Postal Will Service
• Our Bespoke Will Service
• Reviewing And/Or Changing Your Existing Will
• Accessing Your Documents
• Contesting Or Defending A Will
• Choosing Or Being Named As An Executor

Making a Will

Our friendly team of experts can help you prepare a Will to:

• Make sure your money and property go to the people you want them to go to
• Minimise inheritance tax
• Name trusted people as executors* to sort out your affairs when you die
• Appoint legal guardians for any children who are still minors
• Reflect changes in your life circumstances, such as marriage or divorce, or the birth of children or grandchildren
• Ensure gifts of personal items are left to the right people
• Set up trusts and make gifts to charity.

*We act as executors for many clients and have administered thousands of estates.

Choosing the right Will service for you

Our Will services are easy to use and can be tailored to your needs. We can help you decide what type of service would suit you best.

Our online and postal Will service

This fixed fee service may be perfect for you if:

• Your estate, personal circumstances and wishes are relatively straightforward
• You’re happy to complete a secure online questionnaire or complete and return a postal form
• You don’t want advice on inheritance tax planning, trusts or other aspects covered by our bespoke service.

And with this service, if you appoint Irwin Mitchell as your executor, you’ll also get access to our Wills Assured service.

Fees for our online will service are £175 for a single Will or £260 for ‘mirror’ Wills.

If you prefer to use our postal service, fees are £195 for a single Will or £295 for ‘mirror’ Wills and you can download the form  and send it back to us.

Our bespoke Will service

We know that life can sometimes be more complex, involving scenarios that are unique to you and your family. This means your Will may need to reflect this, with a more tailored and bespoke solution to give you and your loved ones the confidence and security you need.

You may prefer dedicated legal and tax advice tailored to your needs if:

• You prefer to discuss your wishes and options with an adviser at an in person or virtual meeting or on the phone
• You would like to talk about inheritance tax planning or trusts
• You need advice on how to provide for your beneficiaries, taking into account their particular circumstances
• You have business interests, agricultural assets, overseas assets, international connections or your estate is over £1m
• You are a beneficiary of a trust
• You have made gifts over £3,000 in any tax year
• You or your partner have children from a previous relationship.

Our fees for the Will drafting elements of this service start from £850 plus VAT for a single Will or from £1,050 plus VAT for ‘mirror’ Wills and depend on your particular requirements. We’ll be able to give you an indication of the likely cost after an initial chat and, once we know more, we’ll confirm fees in writing before we proceed. We’ll also highlight other services that may be of interest to you such as advice on estate planning, powers of attorney, trusts and tax.

Sharia-compliant Islamic Wills

A Sharia-compliant Islamic Will (Wasiyyah) can be suitable for Muslims who’d like their assets to pass in accordance with the principles of Sharia law. Our solicitors are experts in Sharia law compliance and can help you provide for your family in a way that follows your faith.

Wills Assured Service

As part of our online and postal Will Service, we also offer our Wills Assured Service. Once finalised, we can store your Will for you. If you appoint Irwin Mitchell Trustees Limited as the executor of your estate, you’ll also able to make free amendments as part of our Wills Assured Service .

This package of additional benefits is designed to make life simpler for you and your loved ones knowing:

• Your Will is kept safe and will be easy to access after your death
• You can update it at any time if your circumstances change
• All your important digital information is in one place.

Reviewing or changing your existing Will (Adding a Codicil)

An up-to-date Will is essential for making sure your wishes reflect your current situation and includes everyone you wish.

It’s good practice to recheck your Will every five years, especially to make sure it considers any changes in tax regulations that might affect you.

We suggest reviewing your Will following major life changes, for example if:

• You get married or divorced
• Any of your beneficiaries get married or die
• New children or grandchildren are born, and you want them to inherit
• There’s a significant change in your financial circumstances
• You come into any inheritance – this could change the value of your estate and the Inheritance Tax payable.

With our Wills Assured Service , standard updates are free. That means you don’t have to worry about paying extra fees to keep your Will fit for purpose.

Deciding whether to make changes to your existing Will (adding a codicil) or to write a new one will depend on the scale and number of changes you want to make. A codicil is an addition to a Will that can amend or revoke parts of it. This can be suitable if there are just one or two small changes.

If you need any large revisions, it’s often better to write a new Will to avoid confusion. We can explore these options with you and advise on what’s best for you and your loved ones.

Accessing your documents

Your Will belongs to you, and we’ll happily store it for you and provide you with a copy when you need one. If at any stage you’d like your original Will returned to you, just let us know and we’ll tell you what we need to send it to you. When you die, your executors will need the original Will. We can explain the terms of the Will to them and help them deal with the probate process .

Contesting or defending a Will

If you’ve been left out of a Will, haven’t been left as much as you expected, or think the Will is wrong in some way, you might be able to contest it.

Contesting a Will can be challenging and feel daunting. With the help of our Will Disputes Team, we can support and guide you through the process. We can also help if you are an executor defending against a Will dispute .

Lasting Power Of Attorney

At the same time as thinking about your Will, it makes sense to also consider making a Lasting Power of Attorney (LPA) . These are useful if you’re worried about losing the ability to manage your own affairs in the future. We can discuss the options with you and help you appoint the right person to make decisions on your behalf if you lose mental capacity.

If you want to find out more,  contact the team today .

For general enquiries

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Will Writing Services - More Information

How do i make a will.

Making a Will is simple. There’s a few ways to do it:

• Online – the questionnaire  only takes ten minutes to complete
• By post – download the form  and send it back to us
• By phone – call and speak to us
• In person – come and speak to us in one of our national offices

We recommend our online or postal service if your estate is relatively straightforward. If you have more complex requirements, or you’d like to talk about tax-planning or asset protection options such as setting up a trust, we advise speaking to us on the phone or coming in to see one of our experts.

Call us today for an initial consultation on 0370 1500 100 – or use our online enquiry form  and we’ll give you a call back.

How Much Does It Cost?

This depends on your requirements and the complexity of your estate. Standard Wills offered through our online service cost:

• £175 (including VAT) for a single Will
• £260 (including VAT) for ‘mirror’ Wills (for couples - if your needs are very similar).

If your estate is fairly straightforward we recommend this option. Get started with our online wills service  today.

You can also use our postal service by downloading the form and sending it in to us. The fees for this service are:

• £195 (including VAT) for a single Will
• £295 (including VAT) for ‘mirror’ Wills.

For both these services there may be additional costs if you need more complex advice. We would let you know about these before drafting your Will.

More complex and high value estates require more dedicated legal advice tailored to your needs, to ensure you and your loved ones are provided for in the most tax-efficient way .

For this service we recommend contacting the team to arrange an appointment with one of our experts who can let you know the options available to you.

What Should I Think About When Making My Will?

Everyone’s circumstances are different, but some of the things to consider when making a Will are:

• The value of your estate – inheritance tax (IHT) is generally due on anything over the £325,000 threshold (£650,000 for married couples and civil partners) once mortgage and other debts are deducted
• A new IHT allowance of £125,000 may apply if you own a property and leave some of your estate to relatives like children and grandchildren.
• How you own your assets – if you co-own property with your spouse, the type of tenancy you have will affect whether or not they can continue to live there after your death
• Who you want to leave your assets to (i.e. your beneficiaries)
• Who you would like to be the  executors of your estate
• Whether some assets would be best placed in a trust for asset protection purposes.

These are important decisions to make and you should seek legal advice to make sure your estate is structured in the best way for you and your beneficiaries.

Read through our Wills Checklist  to see if you’ve got everything covered.

Can You Store My Will?

Yes we can. Our specialist storage facility ensures your Will is kept secure from the risk of theft, fire or water damage. It also means it’s easily accessed after your death, giving you peace of mind and making things easier for your loved ones.

This service is free for our standard, bespoke and Wills Assured  clients.

Meet The Team

Our team has decades of experience helping people prepare, amend and execute Wills. We’re regularly appointed as executors and are very experienced in estate administration.

We also have experts in trust administration and tax compliance, which means we have everything you need to plan effectively.

We have considerable experience in complex estates and frequently work with international and high net worth clients.

Irwin Mitchell are a very professional, trustworthy and straightforward company to deal with. I would recommend them to anyone."

Elderly Care Crisis: A Tipping Point

Our new research predicts that the UK retirement living sector will run out of beds and face a multi-billion pound funding gap in the next 10 years.

This upcoming crisis means that planning ahead is more important then ever - find out more about how our Later Life Planning experts can help you prepare

"It’s never too late to start but the earlier you do the easier it is." - Richard Potts, CEO of IM Asset Management

Frequently Asked Questions

When do you need to review your will.

Having an up-to-date Will is essential to make sure your plans for your estate reflect your current situation and include everyone you want to include.

Its good practice to recheck your Will every five years, especially to make sure it takes into account any changes in tax regulations that might affect you.

You should also review your Will following major life changes, for example if:

• New children or grandchildren are born who you want to inherit
• You come into any inheritance – this could change the value of your estate and the Inheritance Tax payable

With our Wills Assured service, standard updates are free – so you don’t have to worry about paying extra fees to keep your Will fit for purpose.  Find out more.

Why Choose Irwin Mitchell?

Irwin Mitchell is a leading law firm with considerable expertise in the area of wills and estates. We’ve helped thousands of clients prepare for the future with strategic estate planning.

The team frequently receives five star reviews from our customers on Trustpilot, and we’re recognised in the leading UK legal guide, including the Legal 500 and Chambers & Partners.

We’re adept at dealing with complex estates and also handling international probate issues for clients who have assets in different countries. We also have the benefit of acting as executor for many of our clients, which allows us to bring our detailed knowledge of the probate process into our will writing services.

We pride ourselves on providing clear advice in plain English, free from jargon, and our team is always on hand to discuss any questions you have.

Can You Help Me Change My Will?

Yes – we can help you write a new will or add a codicil to your existing will. A codicil is an addition to a Will that can amend or revoke parts of it. It can be enough if there are just one or two small changes, but if you need any substantial revisions it’s better to write a new Will to avoid confusion.

Our probate and tax experts can also check that your Will is structured in the best way for your estate and be able to advise on any amends where necessary.

Standard updates are free with our Wills Assured  service.

Related Information - Will Writing Services

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Welcome to BARCLAYS Core Plus Will Writing Services with James McKenzie

James McKenzie Ltd is a specialist Will writing company, and the UK's leading provider of Wills and related products to employees of large multinational companies.

The importance of making a Will

Most people know the importance of making a Will, but for one reason or another never get around to it or think that because they do not have considerable savings or property, they do not need to. Without a Will, the government (through the Laws of Intestacy) will decide how your estate is divided when you die. Under these laws, even if you are married, your surviving spouse may not inherit all of your assets, and if you have children they would be able to claim their share of your estate when they turn 18 (16 in Scotland). Writing a Will ensures that your assets pass to the people you want to leave them to and at an appropriate age, under the protection of a legally binding document.

Why choose James McKenzie

Established in 2007 and with more than 70,000 Wills written for corporate employees and their families to date, James McKenzie provides a personal yet professional Will writing service no matter how simple or complex your individual circumstances may be.

We believe that writing a Will to protect your loved ones needs to be undertaken with careful planning and consideration so you have the certainty they will be looked after in accordance with your wishes. Our experienced consultants do not produce your Wills from completed online forms or use scripted telephone questions but undertake an in depth discovery of your individual circumstances to provide a carefully tailored Will which can be easily adapted for future life events to ensure that, no matter what may be on the horizon, your Will remains valid and your loved ones protected.

Our ‘Priced for Life’ promise provides further reassurance that no matter what life throws at you, the James McKenzie team are always on hand to help answer any questions you may have, to review your Will or provide the advice and support to revise your Will. (Revisions may incur a small fee).

How the service works

Select the appropriate Will Service that fits your needs on the next pages of the Voluntary + Benefits Portal. Our dedicated meetings team will be in contact to provide a Pre-Meeting Information Pack and to arrange your initial meeting. Face to face, telephone, Skype and Teams calls are available when meeting with an experienced consultant to discuss your personal circumstances and to tailor a Will that suits your individual needs. There is a Meeting Cancellation Policy in place, so please ensure you notify the team with more than 3 business days' notice to move or cancel your Meeting. Our expert team will be on hand to help throughout the process until you have suitable Wills in place.

Want to learn more - Join one of our live webinars

If you would like to learn more about the Will writing service, and the importance of having a valid Will, please register for our next live webinar with Q&A hosted by Justin Moy, Senior Consultant on Tuesday 16th April at 11am

Click Here To Register  

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Legal issues

Making a will is the only way to make sure your money, property, possessions and investments (known as your estate) go to the people and causes you care about.

How do I value my estate?

How do i divide my estate, how do i write my will, how do i make sure my will is valid, where should i store my will, how do i update my will, what happens if i don’t make a will.

Paul Lewis, financial expert and presenter of BBC Radio 4's Moneybox, explains why it's important to make a will.

Your will should cover your whole estate, so it's a good idea to draw up a list of your assets and debts. Then you have a clear idea of how much it's worth, which can help you decide how to distribute it.

Assets that typically make up an estate include:

• any property you own (in the UK or abroad)
• savings in banks, building societies or elsewhere (Premium Bonds, for instance)
• insurance such as life assurance or an endowment policy
• pension funds that include a lump sum payment on death
• investments such as stocks and shares or investment trusts
• jewellery, antiques and other valuable personal belongings
• furniture and other house contents.

Debts might include:

• a mortgage or equity release
• a credit card balance
• a bank overdraft

It's a good idea to get assets valued regularly. The price of your house, for instance, might have changed substantially since you last checked.

Your will needs to state clearly how you want your estate to be distributed, and who should be responsible for distributing it. Think about:

• who you want to benefit from your will
• whether you want to give any specific gifts to particular people
• where the 'residue' of the estate is to go (any property or money left over after paying funeral and administrative expenses, legacies and taxes)
• what you want to happen if any of your beneficiaries should die before you
• whether you want to leave any money to charity. 

Executors are legally responsible for dealing with someone's estate after their death. It can involve a lot of work and responsibility, so it's important to choose your executor (or executors) carefully.

When you're choosing who to appoint, you should talk to them to check they understand what's involved and that they're happy to do it.

Find out more about being an executor

Leaving a donation to charity

If you want to leave a gift to a charity in your will, include the charity’s full name, address and registered charity number to make sure they receive it.

• Leaving a legacy to Age UK

There are a few different ways you can write your will:

• It’s usually best to get advice from a lawyer (such as a solicitor or chartered legal executive). You might want to choose one who specialises in wills and probate. Check they're licensed with the relevant professional body, such as the Solicitors Regulation Authority.
• Some charities and campaigns offer free will-writing services to encourage people to make wills and leave charitable legacies. For more information, visit Will Aid or Free Wills Month – Age UK takes part in both schemes.
• Some banks offer will-writing services and advice about estate planning. An adviser at your local branch can explain what's on offer. Some banks charge high fees for these services – so it's important to read any small print carefully.

It's possible to use a professional will writer  to make your will, but they aren't qualified solicitors and may not be regulated – so if you decide to use one, first check whether they're a member of the Institute of Professional Willwriters or the Society of Will Writers.

You can also  make your own will , but it's easy to make mistakes or miss out important details. While it might seem like the best option now, it could cause costly legal problems for your executors and beneficiaries further down the line, so it's normally better to get professional advice.

For a will to be valid:

• it must be signed by you and witnessed by 2 people
• you must have mental capacity to make the will and understand the consequences of making it
• you must have made the will voluntarily and without pressure from anyone else.

The beginning of the will should state that it revokes all others. If you have an earlier will, you should destroy it. The government advises burning it safely or tearing it up.

Signing and witnessing the will

You must sign your will in the presence of 2 independent witnesses, who must also sign it in your presence – so all 3 people should be in the room together when each one signs. If the will is signed incorrectly, it isn't valid.

No one listed in the will as a beneficiary should act as a witness – they'll lose their right to their inheritance. They shouldn't even be in the room when the will is signed. It’s also best not to ask an executor to act as a witness.

If you can’t sign your will, it can be signed on your behalf as long as you’re in the room and it's signed at your direction. Any will signed on your behalf must contain a clause saying you understood the contents of the will before it was signed.

If you have a serious illness or dementia diagnosis, you can still make a will – but you need to have mental capacity for it to be 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're signing.

You can leave your will with a solicitor or bank or with the Probate Service. Alternatively, you can store it safely at home.

Find your local Probate Service using the directory on GOV.UK

You must let your executors know where your will is kept. It's important not to attach any documents to the will with paperclips or staples – if they detach and leave marks it'll raise questions about whether the will is missing any parts or amendments.

You should review your will every 5 years or after a major change in your life – such as the birth of a new grandchild or moving house. But it's important you never make alterations to the original document.

If you want to make a minor change to your will, you can add a supplement, known as a codicil . This 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.

If you want to make a major change, you should make a new will and cancel your old one.

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

If you marry, remarry or enter a civil partnership, this cancels a previously existing will. Divorce doesn’t automatically invalidate a will made during the marriage – but it does exclude your ex-spouse or ex-civil partner from benefitting if they're mentioned.

You should arrange to make a new will if you marry, separate or divorce.

If you don’t make a will, you're said to have died  intestate – and your estate may not go to the people you want.

If you have a partner and you aren't married or in a civil partnership, they have no automatic right to inherit from you if you haven't made a will – even if you've lived together for a long time or have children.

Intestacy rules state that:

• If you're survived by a spouse or civil partner and children,  your spouse or civil partner will inherit all your personal possessions and at least the first £270,000 of your estate, plus half of anything above this amount. Your children are then entitled to the other half of this balance.
• If you're survived by a spouse or civil partner but don’t have children, your spouse or civil partner will inherit your whole estate, including any personal possessions.
• If you're survived by children but not a spouse or civil partner,  your children will inherit everything, divided equally between them.
• If you don't have a spouse, civil partner or children,  then other relatives inherit in a set order.
• If you have no surviving relatives who can inherit,  your estate will pass to the Crown.

Find out more about intestacy rules on GOV.UK

Want more information?

Wills and estate planning information guide (PDF, 3MB)

How to be an executor information guide (PDF, 2 MB)

You help make our work possible

Leaving a gift in your will to Age UK is a special way to make sure older people have the support they need in the years to come. Learn how a gift in your will could be a lifeline for those who have nowhere else to turn.

Find out more

We're here to help

We offer support through our free advice line on 0800 678 1602. Lines are open 8am-7pm, 365 days a year. We also have specialist advisers at over 120 local Age UKs.

About the Age UK Advice Line Find your local Age UK

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Last updated: Apr 08 2024

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Making a Will

Make sure your wishes are carried out and you make it easier on those left behind.

Whether you are buying a house, starting a family, investing your money or setting up a pension for retirement, it is important to have a will in place to protect your assets and your loved ones, today and in the future.

Lloyds Bank partner, Hugh James Solicitors, offers you a Will Writing service that can assist you planning the future of your assets and will guide you through a whole range of questions that you should decide in life to ensure that you are prepared in any eventuality.

Find out about the will writing service or call Hugh James on 0345 223 3034 .

Benefits of having a Will

• Protect Your Home If you own your main residence or other properties in your sole name, your next of kin may not automatically be entitled to inherit if you die without a will.
• Protect Your Assets Specify who you want your assets to pass to and on what terms.
• Protect Your Partner If you are not married or in a civil partnership, your partner may not be entitled to anything.
• Name Your Children’s Guardian If you have children under the age of 18, you will need to appoint a legal guardian in the event both parents die. If you don’t, the decision could be left to the courts.
• Protect your Children Ensure your children / stepchildren / foster children are provided for financially. You can consider setting up a Trust in your will, so wealth is used according to your wishes.
• Appoint an Executor / Trustee Choose who will administer your estate after your death and ensure that your assets pass on to your beneficiaries. You can choose to appoint Lloyds Bank as a professional Executor / Trustee in your will.
• Inheritance Tax Considerations Whilst your spouse or civil partner may inherit your estate tax free, your estate may be taxable for your children and grandchildren.

Eligibility

You need be a Lloyds Bank customer to access this service.

Why do your Will with us?

• Hugh James Solicitors is a top 100 UK law firm with offices in England and Wales.
• Lloyds Bank and Hugh James Solicitors have been working together over the last decade.
• You will have the option to appoint Lloyds Bank as Executor and Trustee to your will, making your decisions easier and simpler.
• If you already have a will, Hugh James can review it.

To learn more or speak to one of the expert team at Hugh James solicitors.

Find out more about our partnership  or call Hugh James on  0345 223 3034 .

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0800 048 7398

Expert Will Writing Service UK

Established in 1992, WSL Wills is a specialist Will writing company offering a straightforward home visit service, available daytime or evening, 7 days a week.

Professional advice for your circumstances, no generic online forms

100% legally binding Will. Ensure your loved ones and assets are protected

Everything explained in plain English with no confusing legal jargon

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All our services have been designed to give you exceptional value for money, with competitive rates that put you in complete control.

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Leave your assets to the people you choose

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Are your circumstances a little more complex? 

We have a range of additional services such as trusts which you may choose to add to your standard Will. Click here for more info and prices.

Three simple steps to protecting y ou and your loved ones

Speak to one of our expert team on 0800 048 7398 or enter your details here and we’ll arrange your convenient home visit , telephone or video appointment . Appointments are available daytime or evening, seven days a week.

We come to your home

At your appointment, we’ll listen to your wishes and discuss your options. We explain everything in plain English, so you don’t have to worry about complex legal jargon. Depending on your circumstances we might discuss further estate planning services such as trusts, lasting powers of attorney, probate and funeral plans.

Wills sent to you

Your Will is drafted by our Legal Department and posted to your UK address* for approval within 28 days of your appointment, however during this busy period it may take slightly longer. We also provide clear guidelines on signing and witnessing.

What's putting you off writing your Will?

Too complicated?

Too expensive?

Our helpful, knowledgeable Legal Consultants will visit you in the comfort of your own home and discuss your wishes at a time that suits you.

Don’t struggle through a DIY will writing form. Our friendly service provides simple to follow advice that helps you make the right decisions.

Frequently Asked Questions

Do I need a legal professional to write my Will?

No, there are many “do it yourself” or online options available and if your circumstances are straightforward these options may be suitable. However, DIY Wills do not offer much guidance or flexibility and it can be easy to make mistakes that have serious consequences for your loved ones. Using a professional service like WSL can offer peace of mind knowing that all your wishes are recorded correctly and that your assets and loved ones are protected.

What can I include in my Will?

You can include any assets in your own name, for example savings, property or personal possessions. If you jointly own an asset such as a property, you can include this in your Will but you will both need to stipulate the same wishes. Assets such as pensions or Life Assurance policies that are written into trust are typically not included in a Will. In your Will you can; - appoint executors - name beneficiaries - appoint guardians and trustees for children under 18 - add exclusions clauses (if required) - add Will trusts (if required) WSL also offers Lasting Powers of Attorney and Lifetime Membership Services. Your consultant can advise on these further at your appointment.

How much does it cost to make a Will?

The cost depends on how you choose to write your Will. DIY or online Wills can start at as little as £20. The average cost of mirror Wills with a solicitor is £500, although this can vary depending on where you live, how long it takes to complete and how complex your estate is. WSL charges fixed fees that include VAT. £135 for a single Will or £175 for a mirror Will. These prices include your home visit or video appointment, all the advice and guidance you require, the drafting of your Wills and returning to you for signing and witnessing. Will trusts, Lasting Powers of Attorney and Lifetime Membership services are also available but not included in the cost of the standard Will.

What’s the difference between using WSL and a solicitor?

Solicitors offer professional advice, however not many solicitors specialise in this area of law. They often use confusing legal jargon and usually only operate within typical business hours which means you might need to take time off work. WSL are specialists. Our convenient home visit or video appointments are available 7 days a week and our experienced consultants explain everything in plain English. We offer fixed fees and Professional Indemnity Insurance up to £10million for our clients’ peace of mind.

What if I don’t want a home visit?

We understand a home visit may not be suitable for everyone. Therefore we also offer video call appointments so you can get the benefit of speaking to one of our specialists face to face without them coming to your home.

How much does it cost to change your Will?

WSL offers free Will updates to all our Lifetime Service members. If you are not a WSL Lifetime Service member, or have previously written a Will with another company, then the cost to update your Will is the same as making a new Will.

What makes WSL different?

Complex situations welcomed

Unlike online or telephone only Will writing services which are geared towards simpler estates, we excel at dealing with complexity, and our legal consultants do all the work for you. There are no forms or paperwork for you to fill out beforehand or online.

Making it easy to understand

Regardless of whether you choose a hom e visit , telephone or video c hat appointment, the same team of friendly, experienced legal consultants will guide you through the complexities of writing your Will.

Using their experience to cut through the legal jargon, they provide easy to understand, real life scenarios to really help you understand the best way to structure your Will.

We believe it’s our people that make the difference. Give us a try, you’ll find that making your Will is easier than you thought.

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Why do I need a Will?

We have put together a simple checklist to show you how writing a Will can help you protect those you love. If any of the following criteria applies to your circumstances, you need to put a Will in place.

I am married

I have a partner

Without a Will your spouse or civil partner may not automatically inherit all of your estate.

Without a Will the law treats you both as single and your partner would receive nothing.

I have children from a previous relationship

I am a property owner

If you are now married, children from a previous relationship may inherit nothing.

You should specify who you wish to inherit or live in your property after you have passed away and consider protecting your share against possible care costs.

I have new grandchildren

I don't want the state to decide who inherits from me

You may want to add your new grandchild to your Will so they inherit something directly from you.

Making a Will is the only way to put you in control. It allows you to name your beneficiaries and specify what you want them to inherit.

Do the right thing, make a Will.

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* We can quote for couriering your documents to an address outside of the UK if required.

Suitability for a home visit is dependent on the size and complexity of the estate, and will be assessed on the initial phone call.

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How a £90 will by Barclays lost half my house

9th Sep 2016

Barclays is being sued by a daughter who claims a botched will by the bank deprived her of a stake in her late father’s London home. The case underlines a wider problem with low-cost wills

A woman is seeking hundreds of thousands of pounds compensation from Barclays, claiming the bank’s will-writing service resulted in her losing a stake in a valuable London home.

Barclays is contesting the claim.

But, in an interesting twist, Telegraph Money can reveal that when the complaint was previously assessed by the Financial Ombudsman Service (FOS), the bank was found at fault. The Ombudsman ordered Barclays to pay “a fair and reasonable settlement”.

Unusually, Barclays decided to ignore the Financial Ombudsman’s recommendation.

The matter has now gone to the High Court.

Court documents detail how in 2007 Ebenezer Aregbesola used Barclays’ £90 will-writing service to create a will dealing with his various assets including homes overseas and in London. His will instructed half of the London home to be given to his daughter, Tinuola Aregbesola, on his death.

The property was owned jointly by Mr Aregbesola and his wife – who was not Tinuola’s mother. Because of the joint ownership, on Mr Aregbesola’s death in early 2014, the property went wholly to his wife – in contravention of the wishes spelt out in the will.

In order for the will’s conditions to have been fulfilled, Barclays should have severed the joint tenancy agreement, the court document alleges. This would have enabled half of the property’s value to pass as instructed to his daughter. Because this severance process – which the Ombudsman describes as “a simple formality” – was neglected, the joint tenant, Mr Aregbesola’s widow, is legally entitled to the whole property which she can now bequeath as she pleases.

The case highlights the danger of popular, cheap “DIY” wills which are often too simplistic to reflect accurately their owner’s wishes.

In summing up the case the Ombudsman concluded: “The half-share in the property in London cannot be gifted to Miss Aregbesola in accordance with the late Mr Aregbesola’s wishes.

“There is no subsequent right for this to be contested with the co-owner in a court of law. Had the bank referred Mr Aregbesola’s will instruction form to its solicitors I am aware [the solicitors would] issue the notice of severance as a matter of good practise.

“In order to resolve the complaint we would usually ask the bank to put the consumer back in the position they would have been had the correct steps had been taken in the first instance.

“Unfortunately, the share in the property in Balham is incapable of being gifted now. Therefore, I would ask Barclays to come up with a settlement that would fairly and reasonably resolve the complaint – taking into consideration the value of the property and the intended gift.”

But once it received this recommendation Barclays shifted position. It said that since its will-writing division was not regulated, it would not have to adhere to the Ombudsman’s findings. The Ombudsman accepted this was technically correct.

In an emailed statement, Barclays told Telegraph Money: “The matters raised are the subject of ongoing legal proceedings. It would not be appropriate to comment on the specific points raised. We note that the Financial Ombudsman Service issued its latest decision in relation to the complaint raised by Ms Aregbesola on 19 February 2015. The Financial Ombudsman Service concluded that the matter was outside of the scope of its service.”

The FOS confirmed to Telegraph Money that it accepted the case was technically out of its scope, once Barclays had insisted that it deal with an unregulated arm of the bank.

But the FOS stressed that so far as its adjudicator had been able to assess the case, its opinion remained that Barclays was at fault.

The legal position – and how to avoid similar problems

Where parents remarry and enter into property transactions with their new spouse, wills bequeathing assets to children of former relationships need to be checked.

Sonita Hayward of solicitors Bolt Burdon Kemp warned of “a real lacuna in the law due to the fact that will-writing companies are not currently regulated”. She said this is “particularly concerning when well known institutions such as Barclays offer such a service”.

She explained that companies could afford to offer cut-price fees, such as the £90 charged by Barclays in this case, “because these organisations aim to profit from the fees generated by administering the estate as executor, after the testator’s death.”

Rip-off executor services have been the subject of previous criticism.

In 2011 the Office of Fair Trading said: “‘The wrong decision when appointing executors could mean a potentially expensive professional service is chosen, when a family member or friend may be quite capable of handling the task either alone or with professional support.”

At that point banks including Barclays undertook to review their will-writing services.

Clearly, problems with existing wills remain.

Ms Hayward has experience of joint tenancy problems such as that raised in the Aregbesola case.

“I see cases all too frequently where the problems with the terms of a will and failure to sever a joint tenancy only come to light after the death of the testator, at which point it is too late. Parties are then reliant on the good will of a third party, often a parent’s second spouse, to resolve the issues that they face.

“The difficulty with this is that a joint tenant is under no legal obligation to comply with a deceased joint tenant’s wishes where the joint tenancy has not been severed. The only redress open to the disappointed beneficiary is for them to sue the party that prepared the will.”

“I have previously acted for siblings where one of their parents left them their half of a jointly owned house. The parent in question had remarried and owned the property jointly with their new spouse.

“The solicitors who prepared the will in that case did not take any steps to sever the joint tenancy which existed between the owners. As a result, following the death of my clients’ parent, the gift of the interest in the property failed and the spouse inherited the remaining share of the property.

“My clients had to bring a claim against the solicitors who prepared the will as they had no remedy against the new spouse. We were successful in recovering damages for them. Awareness of these types of claim arise at what is already a very distressing time and cause great additional emotional strain to families.”

Daniel Winter of law firm Nockolds said: “The growing complexity of family structures, coupled with the rising value of estates, means that the administration of estates often calls for greater judgement than in the past.”

“Cases where an individual or organisation has simply been negligent, and failed to grasp the legal responsibilities of administering an estate are becoming more frequent. We have also seen cases where a family member acting as fiduciary is motivated by greed and takes assets which should go to other beneficiaries, or seeks to ‘correct’ a perceived wrong that happened in the past.”

COMMENT: Whatever the detail in the dispute between Barclays and the daughter of its late customer, there is another point at stake here.

This is about Barclays’ decision to ignore the Financial Ombudsman’s recommendation.

Barclays is, of course, a huge, reputable financial services group authorised and regulated by the Financial Conduct Authority. It is thus bound by a commitment to act on the Ombudsman’s findings, even if it disagrees with them.

In this case Barclays has been found against by the Ombudsman and told by the Ombudsman to settle with the customer’s family. But the bank has chosen to wriggle out of paying compensation by arguing that its will-writing division is technically a separate, unregulated business, and thus not beholden to the Ombudsman.

Barclays did a shoddy job and should pay. Instead it has forced a bereaved daughter to risk thousands of pounds mounting a battle through the courts.

Horwich Cohen Coghlan Limited t/a Horwich Cohen Coghlan (HCC) Solicitors a registered company in England and Wales registered number 08043633. Our registered office is Trafford House, Chester Road, Manchester, M32 0RS. We are authorised and regulated by the Solicitors Regulation Authority, SRA Number 608056. Our conduct is governed by the SRA Standards and Regulations which can be accessed here: https://www.sra.org.uk/solicitors/standards-regulations

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