Making a Will gives you the opportunity to choose what happens to your estate, rather than relying on the legal rules which operate on an ‘intestacy’, which means when no Will is left.

The following frequently asked questions will provide more information:

but I don’t have much money to leave
could I make a homemade will?
how much will it cost?
what happens if I decide not to make a will, I assume it will
all go to my spouse?
I’m separated from my husband, surely he won’t benefit from my estate?
this is my second marriage – how will this affect matters?
we are not married but we are living together, I presume my partner
will be treated as if we were legally married?
who are the executors and trustees?
will my estate be liable for inheritance tax?
where should I keep my will?what other reasons are there for making a will?

But I don’t have much money to leave
When you add up the value of your house once your mortgage has been paid off, car(s) your life insurance, savings, furniture and any other assets you may be surprised at the total.

Even if your estate is small in money terms, it is still important to ensure your wishes are carried out. If your children are under 18 years old it is vital you make provisions for them. You can set up a trust to look after your children’s financial affairs by your Will, and you should appoint guardians to care for your children after your death.

The larger your estate the more important it is to ensure that your family derives the greatest benefit and minimise the amount of tax payable on your estate after your death.

Could I make a homemade will?
People often think that a homemade Will is sufficient, but you should not be tempted to economise on such an important matter. Homemade Wills can often create legal muddles that can cost thousands of pounds to unravel, and can cause further heartache for your loved ones if your instructions are misinterpreted.

How much will it cost?
Making a standard Will is not as expensive as you think – it’s usually cheaper than your TV licence.

What happens if I decide not to make a will, I assume it will all go to my spouse?
If you decide not to make a Will, the division of your estate depends on your surviving relatives and the following rules will apply:

If you do not have any children then your spouse will be entitled to your personal belongings plus £205,000 and half of any remainder. Your parents or other members of your immediate family will be entitled to the other half.

What will happen if one spouse dies leaving a house in their sole name that is worth more than the amount to which the other spouse is entitled under these rules?
If this is the case, the surviving spouse may have to find the difference between the amount of their entitlement and the value of the house if they are to keep the property. If the spouse is unable to raise the difference, then they may have to sell their home.

If you have no close relatives then your surviving spouse will inherit everything.

If you leave a spouse and children, then your spouse will get all your personal belongings together with £125,000 (or everything, if the total is less). The excess over this amount will be split in half. One half will be divided among your children when they reach 18 years (or their children should they die before reaching 18 years). The surviving spouse is entitled to the income from the other half during his or her lifetime. After the surviving spouse dies, that half of the property is then divided among the children.

If you and your spouse are involved in an accident, it may be that the family of only one spouse will inherit your entire joint estate.

I’m separated from my husband, surely he won’t benefit from my estate?
Until you are legally divorced, separation has no effect on your spouse’s right to inherit your estate. If you have made a Will benefiting your spouse then they will still benefit from your estate until you are legally divorced. Even after your divorce, if you have not made a Will and have children under 18 years old, in most cases your former spouse will be the person to deal with your estate on their behalf.

If you re-marry and you do not make a Will, then your new spouse will become the main beneficiary of your estate and any children from your earlier marriage will not automatically be entitled to any benefit.

This is my second marriage – how will this affect matters?
If you re-marry and have not made a Will then your new spouse will become the main beneficiary of your estate. Any children from your earlier marriage may not automatically be entitled to any benefit. By making a Will you can make arrangements to provide for any children either from your own, or your spouse’s previous marriage.

It should also be remebered that marriage automatically cancels a Will unless appropriate steps have been taken.