By Georgina Hardman | Wills & Probate Solicitor, KhanMather
Stepping into a solicitor’s office to discuss your will for the very first time can feel like a big, perhaps even slightly daunting, step. At KhanMather, I’m here to tell you it’s actually a fantastic, proactive step that gives you complete control over your future.
As a Wills and Probate Solicitor, I’ve guided countless clients through this process. Whether you’ve just bought your first home, welcomed a new baby, or simply realised that now is the time to get your affairs in order, making that first will is easier than you think.
Here is my guide to everything you need to know about making your first will in the UK.
Why Do I Need a Will? The ‘Intestacy Trap’
Many people assume their assets will automatically pass to their spouse or children. Unfortunately, that’s not always the case. Without a legally valid will, your estate (your money, property, and possessions) is distributed according to the Rules of Intestacy.
These rules are strict, inflexible, and often lead to outcomes you would never have chosen. For example:
- Unmarried Partners: If you are cohabiting but not married or in a civil partnership, your partner will receive nothing under the Rules of Intestacy.
- Minor Children: Intestacy can make managing funds for minor children much more complex and can lead to financial burdens for surviving relatives.
- Inheritance Tax: A poorly structured estate can unnecessarily increase the amount of Inheritance Tax payable.
The simple truth is: if you don’t have a will, the law decides who gets what. A will ensures you decide.
The Key Decisions: What Goes Into Your Will?
When you meet with me, we will discuss the following critical elements:
- Executors
Your Executors are the people you choose to administer your estate after your death. They are responsible for valuing your assets, paying any debts and taxes (including Inheritance Tax), and distributing the estate according to your wishes.
- My Advice: Choose reliable people you trust. It is common to name two executors, perhaps family members or friends.
- Guardians (Crucial for Parents!)
If you have children under the age of 18, your will is the only place you can legally nominate who you wish to appoint as their Guardian. This is arguably the most important decision for parents, ensuring your children are cared for by people you trust if the worst should happen.
- Specific Gifts (Legacies)
Do you want to leave a specific item (like a piece of jewellery, art, or a car) or a set amount of cash to a particular person or charity? These are known as specific legacies.
- The Residue
The ‘residue’ is what is left of your estate after all debts, taxes, and specific gifts have been paid. You need to clearly state who receives this residue. This is usually where the bulk of the estate is distributed, typically to a spouse, children, or other close family members.
Why Use a Solicitor and Not a DIY Will Kit?
While it might seem tempting to use a cheap, off-the-shelf will kit, I strongly advise against it for your first will. A minor technical error can invalidate the entire document.
Common issues with DIY wills include:
- Improper Signing and Witnessing: UK law has very specific requirements. Failure to adhere to them makes the will worthless.
- Ambiguous Wording: Vague language can lead to expensive legal disputes between beneficiaries.
- Missing Important Clauses: DIY kits often fail to include essential clauses relating to tax efficiency or what happens if a beneficiary dies before you.
Using a KhanMather solicitor guarantees your will is legally valid, accurately reflects your wishes, and is as tax-efficient as possible.
Next Steps: Preparing for Your Appointment
To make your meeting with me as productive as possible, it helps to think about the following points beforehand:
- Who will be your Executors? (Full names and addresses)
- Who will be the Guardians for your minor children?
- A list of your assets: Property, bank accounts, investments, pensions, and insurance policies. (We don’t need exact figures, just an overview).
- Who are your beneficiaries? (Who do you want to leave your estate to?)
Making your first will is an act of responsibility and love for your family. It provides peace of mind that your loved ones will be taken care of exactly as you intend.
If you’re ready to take this important step, please contact the KhanMather team today to arrange a confidential discussion with me, Georgina Hardman, about drafting your first will.
Protect your future. Protect your family.