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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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• Private Bank
• Our Insights

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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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)

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Last updated: Aug 23 2024

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