Last Will & Testament Form

Use our attorney-crafted last will and testament to declare how you want your assets distributed and other matters handled after you pass away.

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For use in England and Wales only.

Relax and put your house in order with our simple and easy last Will and testament that names executors to ensure all your affairs are taken care of properly and appoints guardians to look after your children. Creating a will doesn’t have to be complicated. Our Last Will & Testament will ensure you have the peace of mind that all your wishes will be taken care of when the time comes for you to rest in peace. Our last will and testament deal with the appointment of guardians for your children, executors, your legacies and sorting out the rest of your estate.

Last Will and testament? What is it?

A will is a legal document that details how a person’s estate – their assets should be distributed on their death. It is a clear set of instructions in writing indicating who should benefit or inherit the estate of the deceased (the beneficiaries) and who is responsible for ensuring the distribution of the assets are carried out in accordance with the Will (the executor) 

When do I need to use a last will and testament?

You should use this last Will and testament if you are over the age of 18.

 

What is covered in your last Will and testament form?

Our last will and testament covers:

  • leaving your assets to your spouse or civil partner
  • leaving your assets to your children in equal shares
  • leaving your assets to other beneficiaries in equal shares
  • leaving specific gifts, including money to your loved ones
  • appointment of a guardian to look after your children

Why do I need a last will and testament?

It is essential to create a will if you desire to have your wishes carried out after your death. If you die without a legally valid will, your estate will be divided using the rules of intestacy, which are a set of instructions that dictate a strict order of beneficiaries; primarily married or civil partners and close relatives. This could mean that if you and your partner lived together for many years, but were unmarried or not in a civil partnership, and you died intestate (without making a will), they may not get anything. 

I am about to get married, why should I note that in my Will?

Generally speaking, any will made before getting married to a new partner is revoked upon marriage and will become invalid. The exception to this rule, however, is if you explicitly state in your Will that you are due to get married soon, and you want the Will to remain valid after you are married. In this situation, the Will remains valid.

Do I need to indicate who will look after my children in my Will? 

You should think about appointing a testamentary guardian if you have children under the age of 18. A Guardian will take over your parental responsibilities for any of your children if they are under the age of 18. They will have to care for your children and make essential decisions regarding their education or religious beliefs. 

 

Am I able to leave gifts of money or specific items in my Will?

Yes. Your Will is your instructions and can be as detailed or as simple as you like. You can indicate which assets are given to which individuals, how they are to be shared, and when they should get them. (e.g. your main home is left to your Son, your business to your Daughter, and your savings to your Brother, and a friend).

What is meant by the residue or remainder of my estate?

After you have distributed the specific gifts in your estate and all taxes, debts, and funeral expenses are deducted, what is left is your residue or remainder of your estate. If you do not make any specific gifts to anyone, your whole estate less debts, taxes and expenses is classed as your residue. 

Should I include my funeral or burial wishes in my Will?

You can express what you want your funeral arrangements to be in your Will, (e.g. would you want to be buried or cremated) however you should note, these wishes do not bind the executors. It can be useful to express your burial wishes in your Will, but usually, your relatives decide on the funeral arrangements, and ultimately the executors have the final say.

What is the difference between a witness and an executor?

You should name at least one executor in your Will. This is usually a family member or a close friend. Their role will be to carry out your instructions in the Will and distribute your assets accordingly. The executor can also be a beneficiary. 

When you sign the Will it must be witnessed by a minimum of two people who have no benefit under the Will. The witness can be an executor providing they or their wife or partner are not beneficiaries under the Will. 

 

Do I need to instruct a lawyer to create a legally binding will?

No, you don’t need a Solicitor to create a legally binding will. Provided you: 

  • are of sound mind
  • are not being influenced unduly when you prepare your Will
  • detail how you desire your estate to be distributed on your death, sign your Will in the presence of at least two witnesses
  • and name your executors and beneficiaries

your Will should be legally binding.

What if I want to make changes to my Will? 

If you want to make a small change to your Will (e.g. changing the name of a beneficiary), you should use a document called a codicil. This should be witnessed in the same manner as when you made the Will. If you want to make substantial changes, it is advised that you consider making a brand new will, which would indicate that the previous wills are revoked.

Last Will and testament are known as:

Will.

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