A will is a legally binding document where you state your instructions for how your estate should be distributed when you pass away. They may also be used to appoint guardians to take care of your minor children, and executors to manage your estate on death.

If you die without a will in place the ‘rules of intestacy’ will apply. This will mean that your estate will be distributed according to a strict order depending on the value of your estate and which family members survive you. This may mean that your assets end up passing to people who you’d prefer not to inherit from you!

If you are unmarried then your partner will not inherit anything from you without a will in place.

If you have minor children and there is no surviving parent then social services will decide where to place your children, as no guardian will have been appointed.

To make a will you must be over 18 and have ‘testamentary capacity’. This is the mental capacity to understand and make a will. You must be able to understand:

• The nature and effect of making a will

• The size and nature of your estate (what you own)

• Any moral claims that you ought to give effect to i.e. the claims that any family members may have on your estate.

You must also not be suffering from any mental disorder that effects your ability to make a will. Your Will Writer will be able to advise you on this.

As long as you have testamentary capacity you are free to change or revoke your will as you please. We recommend that you review your will every 3-5 years or on certain life events such as marriage, divorce, birth of children, death of any beneficiary, or if your financial situation changes.

Mirror wills are two separate wills usually made by a couple. These wills are reciprocal and usually appoint the same executors and make the same gifts – they ‘mirror’ each other. If you and your spouse make wills leaving everything to each other and then on to your children these would be simple mirror wills.

Will writing is not a reserved legal activity, so you don’t have to instruct a solicitor to draft your will. You can draft your will yourself, though we don’t recommend this as there is a lot that can go wrong and leave you without a valid will if you don’t take professional advice.

We recommend instructing a Member of the Society of Will Writers because they are specialist Will Writers. When using a Member of the SWW you can be sure that they are proficient in writing and advising on the topic of wills, they keep their knowledge and training continuously up to date, and they are properly insured.