making-a-wills

Your estate is all that you own at the time of your death, in your sole name, after any outstanding liabilities have been paid. This includes probate costs, inheritance tax and funeral costs.

Your estate does not, however, include money in a joint account, or shares, or property, owned in joint names. Any life insurance policy in joint names and those with a nominated beneficiary are also not included.

Normally, your death in service benefit and pension from your employment is not included, because these are held in trust for whoever you have already nominated.

It is often recommended by trustees when Making a Wills that your Will mentions who you would like to benefit. Trustees are not legally bound by your expressed wishes in your Will, though, but they normally follow your wishes.

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Yes. 'Children', by legal definition, are your natural children, including illegitimate children and any that you have legally adopted. Stepchildren are not included so, if you wish them to be provided for, they will need to be provided for by name.

Should you have children at the moment and wish to include others in your Will that are not yet born then you can include words such as "and any other children of mine not yet born."

Should you wish to include the possibility of children even if you do not have any children yet, then you can do so. But, it would be wise to make a further provision covering the possibility that, at the time of your death, you do not have any children.

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Yes, you should appoint a Guardian or Guardians if you have children under the age of 18.

They could be appointed to act either upon your death or only once both you and your spouse have passed away.

What if you and your partner are unmarried and have joint children? This is more complicated because if the father is not on the children's birth certificate then the mother of the children will need to appoint the father as her first choice of guardian. This is because he does not have any automatic rights to the children if she passes away first.

You can also appoint an older child who is over the age of 18 to be the guardian of children who are under 18 when Making a Wills.

A lot of people imagine going to see a solicitor when making a Wills, but you do not even need to leave the house!

Of course, you can go out and purchase a DIY Kit that includes a will template to fill in and do it yourself. I did just that but it really was not very clear what to do and
I only have a relatively simple situation. I was left wondering how to fill in the form and I was concerned that it was not going to be legally valid.

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