9 Things to Consider When Creating a Will

Easy to push to the back of the mind for another day, writing a Will is essential for avoiding leaving a complex situation behind for loved ones. 

However, the idea of writing a Will can be rather intimidating, though it doesn’t need to be. Below, we cover what to consider when creating a Will.

1. The Estate

When creating a will, the first step is to prepare a list of everything owned, otherwise known as the estate, including property, businesses, vehicles and savings. An estate will also include possessions that might not have as much value in terms of money, such as jewellery and family heirlooms. Debts and liabilities can also be listed as part of the estate.

2. Family & Dependants

Any financial dependents, such as young children, need to be considered in terms of how they will be supported when the time comes. 

Assigning a legal guardian to care for dependents in the event of passing is vital, though the named individual should always be asked beforehand to ensure they are willing to do so. 

3. Pets

While considered family to most, pets are legally recognised as personal possessions according to the law in England and Wales. As such, pets can be left as gifts to loved ones in a Will, though the potential recipient should always be checked with beforehand to ensure they are happy to take on the responsibility. 

4. Beneficiaries

Beneficiaries, typically family, friends and charities, are those listed in the Will as inheritors of the estate, so deciding who to leave what to is another vital step in creating a Will. The Will lists what each individual is to be left, while it also includes where a beneficiary’s share of the estate should go if they pass away before that of the Will writer. 

5. Digital Legacy

With the internet being such an integral part of our day-to-day lives, deciding how to preserve our online identity is an important consideration often forgotten about. 

A digital legacy, which includes email and social media accounts, will allow a named individual to act as the digital executor and have permission to access the digital accounts after you have passed. This inclusion is essential, as family and friends are legally unable to gain access to most digital accounts once a person has passed. 

6. Executor(s)

Another vital step when creating a Will is to choose an executor or executors – individuals who will handle the estate once you have passed. Executors can be close family members, though must be 18 years of age or over.

Choosing an alternate executor to step in should the original executor not be able to perform the role is also often recommended.

7. Choose Someone to Write the Will

Most solicitors offer a professional Will writing service for a fixed fee, though this is often dependent on circumstances. There are also several online Will writing services that allow you to perform the process yourself, though any mistakes made during the creation can render the Will invalid.

8. Signing the Will

Perhaps the most vital step in a list of things to consider when writing a Will, is to sign the document to ensure it is valid. The signing of the Will must be performed in the presence of at least two other individuals who are not listed as beneficiaries or are spouses or civil partners of any beneficiaries.

9. Storing the Will 

Once the Will has been created, it will need to be stored in a safe location accessible by the executor when required.

A solicitor or Will writing service will often offer a storage service for free or a small fee, while many businesses also specialise in Will storing. Some individuals may also choose to keep the Will themselves or with their executor.

What to Consider when Creating a Will: Final Thoughts

We hope our 9 Things to Consider When Creating a Will article has provided a clearer insight into what goes into writing a document to ensure our final wishes are observed. 

Here at Jordans Solicitors, we are professional and friendly solicitors proud to provide Will writing and probate services. For legal assistance services you can trust, get in touch with us today.