So many people put off making a will. And the number one reason is procrastination! To be fair to anyone that might be guilty of this, I regularly hear from people who simply don’t know what things they need to consider when making a will. That’s why I’ve created this handy Making a Will Checklist. A list of things (with guidance) on what you’ll need to think about prior to making a will.
Whether you’re planning to make a will with one of our will writers, or somewhere else, use this guide to help you prepare for making a will.
Preparing For Your Appointment
At Online Wills and Probate one of our core values is our commitment to the personal touch. We never treat families like case files and are instead committed to building trust and connections. That’s why we offer appointments for taking instruction for your will in a variety of formats. Firstly, if you’re in the Cheadle area or the East Midlands, we’ll happily come and visit you. Not many solicitors can offer that! Alternatively we offer online video and telephone appointments. All you need to do is decide which option suits you best, and we will get you booked in at a time that suits you. (And your partner if you’re having a mirror will.)
If you’re not sure what type of will you might need then take a look at our no obligation What Type of Will Do I Need checker.
Essential Documents for Making A Will
There are a few essential bits of paperwork that your will writer will need at the time of your appointment. As well as providing relevant documents to prove your identity and address (passport, Drivers Licence or Birth Certificate), you’ll also need to provide the following information.
- Full name: Including middles names and previous names (maiden name)
- Date of birth
- Marital status
- Address
- Employment status: Mainly to identify any pensions
- Relationship status
- Children: Including children from previous relationships, step children and other dependants. We will ask for their names and date of birth.
UK law requires that dependants (spouse, children, anyone financially dependent on you) are properly considered, otherwise your will could be challenged.
We ask for proof of identity and address to ensure you are who you say you are. This protects against fraud, and confirms you have the legal capacity to make a will.
Making A Will Checklist And Things to Consider
Although it’s not essential, it’s a really good idea to give some thought to the following, prior to your meeting. That way, no decision will be rushed and you won’t feel pressured to come up with answers.
1. Who will your executors be?
An executor is the person or people you appoint to carry out the wishes outlined in your will. They will be responsible for administering your estate and the role requires legal, moral and financial responsibility so it’s important to choose wisely. Executors don’t need to be a close friend or relative. Their roles and responsibilities include,
- Registering the death
- Locating the will
- Informing friends and family
- Applying for probate
- Managing estates
- Paying debris and taxes
- Closing accounts and keeping track of accounts
- Distributing assets
For these reasons we recommend choosing someone who is diplomatic, organised, has financial savviness and impartiality. You may find it helpful to read our comprehensive guide on how to choose executors of a will.
2. Guardianship For Children
It’s a pretty unbearable thought, but if you have children under 18, you’ll need to think about who will care for them if something happens to you.
Making this decision now provides peace of mind that your children will be cared for by people you trust and can help to avoid them going ‘through the system’.
What Does a Guardian Do?
A legal guardian will step into your role as a parent. They’ll make day-to-day decisions about your child’s upbringing, education, health, and general welfare until your child reaches 18. Without a named guardian, the courts may decide who takes on this role, which may not be the person you would have chosen.
How to Choose the Right Guardians
There’s no “perfect” answer, but here are some factors worth thinking about:
- Values and lifestyle: Do they share similar values, beliefs, or parenting approaches to your own?
- Location: Would your children need to move schools, relocate, or lose touch with close friends and family?
- Age and health: Are the guardians young and healthy enough to take on the responsibility until your children are grown?
- Financial stability: While you may leave money to support your children, it helps if guardians are already financially responsible.
- Existing relationship with your children: Are they already close and trusted figures in your child’s life?
Talking to Your Proposed Guardians
Before naming anyone in your will, it’s vital to discuss the role with them first. Being a guardian is a huge responsibility, and while many friends or relatives will want to help, it’s only fair to make sure they’re prepared and willing to take it on. Having an open conversation can avoid awkwardness or surprises later down the line.
Providing Financial Support
Appointing a guardian is only part of the picture. You’ll also need to think about how your children will be supported financially. You may wish to:
- Leave your estate directly to the guardians, trusting them to manage it for the children’s benefit.
- Set up a trust within your will so that money, property, or investments are held for your children until they’re older.
- Appoint trustees (who may be the same people as the guardians, or different) to manage the assets responsibly.
This ensures that your children’s needs; from school uniform to everyday living costs, are taken care of. You’ll also be making sure they’re supported into adulthood. But you don’t need to have the financial side of things figured out before your appointment. We will go through everything together and devise a Will that takes care of the things that matter to you most.
3. Assets and Liabilities
When preparing to write your will, it’s really helpful to make a clear list of everything you own (also known as your assets) and everything you owe (your liabilities). This doesn’t have to be exact down to the last penny. However, having a good overview will make sure nothing important gets overlooked and that your estate can be divided smoothly when the time comes.
Why This Matters
- Clarity for your will writer: By seeing the full picture, we can advise you properly on inheritance tax, trusts, and how best to structure your estate.
- Peace of mind for your family: It makes life far easier for your executors and loved ones, saving them stress at an already difficult time.
- Fair distribution: Ensures your beneficiaries receive what you want them to, without causing any arguments or surprises.
What to Include in Assets
Think about everything of value you own, such as:
- Property: Your home, buy-to-let properties, holiday homes, or overseas property.
- Savings and investments: Bank accounts, ISAs, premium bonds, stocks and shares.
- Pensions: Workplace pensions, personal pensions, and even state pension entitlements.
- Insurance policies: Life cover, death-in-service benefits, or critical illness policies.
- Business interests: Company shares, directorships, or partnerships.
- Valuables: Cars, jewellery, antiques, artwork, collections, or sentimental items.
What to Include in Liabilities
It’s equally important to list what you owe, such as:
- Mortgages
- Loans (personal or business)
- Credit card balances
- Other debts or financial obligations
Having this information ready helps us make sure your will is not only legally sound, but also structured in the most tax-efficient and protective way possible. I personally have over 20 years of experience in finance. This experience enables me to ensure you’re not going to be paying more in inheritance tax than you have to. It also means we can guide you if certain assets are better passed via a trust, gifted in your lifetime, or specifically allocated to avoid family disputes.
4. Beneficiaries. Who gets what
Simply put, beneficiaries are the people (or organisations) who will inherit your estate. You can leave money, property, personal possessions, and even make charitable donations.
Why It Matters
Being clear about who your beneficiaries are avoids uncertainty and helps prevent disputes after you’re gone. Without a will, your estate will be divided according to the UK’s rules of intestacy, which may not reflect your wishes. More importantly, this often leaves unmarried partners, stepchildren, or even close friends with nothing. We have a really useful guide called Do I need I will?, which details what could happen if you die without a will.
At the time of your appointment you will need to provide full names of beneficiaries and their current address and specify how you’d like your estate to be divided between them.
Who Can Be a Beneficiary?
It’s entirely up to you who you leave your estate to. Maybe you want to split it between:
- Family members: such as a spouse, children, grandchildren, or wider relatives.
- Friends or loved ones: anyone who matters to you personally.
- Charities or organisations: many people like to leave a gift to a cause close to their heart.
You can be as detailed and flexible as you like. You can leave specific items (such as jewellery or heirlooms) or divide the whole estate in percentages.
Tailored Advice from Phil the Will
This is where I step in. Using my financial planning and estate protection knowledge, I don’t just ask who gets what. I’ll help you think about:
- The size of your estate: I will explore whether certain approaches (like trusts) could protect vulnerable beneficiaries or young children.
- Inheritance Tax planning: for example, leaving money to charity in your will can reduce the overall tax bill, meaning more of your hard-earned assets go to the people you love.
- Blended families: making sure stepchildren, second partners, or dependants are included fairly, while still safeguarding the inheritance of your own children.
- Future needs: whether beneficiaries may need extra financial security, such as ongoing care or support into adulthood.
Every family is different. This is why a “one-size-fits-all” will, like free wills or online wills, often aren’t fit for purpose. My role is to guide you through the options and make sure your will is not just legally valid, but also thoughtful, tax-efficient, and tailored to your family’s unique circumstances.
5. Funeral Wishes
This is an area that often gets overlooked by solicitors and free wills, but having it included in your will could avoid confusion and family disagreements. We always advise people to give their funeral some consideration. Not only does it ensure you get what you want but it also alleviates the burden on grieving family members.
Why It Matters
Having an idea of what kind of funeral you want allow you to:
- Provide peace of mind to you and family: without a clear plan your loved-ones could be left guessing
- Understand the cost: Cremations and burials are getting more expensive. It’s a good idea to have an understanding of how much things cost so that you can make provisions if necessary.
- Celebrate your life, your way: Funerals don’t have to be formal occasions. Maybe you’d prefer a direct cremation or natural burial? Planning ahead allows you to detail your preferences.
- Communicate your wishes: By planning ahead you get the chance to share your funeral wishes. Again, this really helps alleviate and stress, guesswork and decision making during an already difficult time for your friends and family.
To alleviate any financial burden you may even wish to pay up front for your funeral with a funeral plan? For detailed guidance on funeral plans and what to think about, take a look at our guide on how to plan your own funeral.
6. Employment and Income Status
While this next part isn’t a legal requirement for making a will, we always ask about your employment status, history and income. This is because it can reveal important financial details that might otherwise be overlooked.
Why It Matters
By talking to you about past employment, we’re hoping to uncover:
- Workplace pensions: Many people have multiple pensions from different jobs. Some may include death-in-service benefits or lump sums payable directly to beneficiaries. We’ll make sure these are accounted for so they’re not forgotten or taxed unnecessarily.
- Death-in-service benefits: If you’re employed, your workplace may pay a lump sum (often several times your annual salary) to your loved ones if you pass away. This doesn’t automatically follow your will, so it’s important to know who you’ve nominated and whether it aligns with your current wishes.
- Employment-linked insurance: Some roles include life cover, private healthcare, or other benefits that could make a big difference to your family.
- Income details: Understanding your current income helps us consider your overall estate size, future savings potential, and whether your estate may be subject to inheritance tax thresholds.
When we know all of the facts we’ll be able to ensure that all assets are covered and tax-planning is accurate. In other words, we make sure your entire financial picture is considered and your will is watertight. You never want your loved-ones to lose out because of an ovesight.
7. Previous Will or Legal Documents
If you’ve made a will before, it’s important to bring a copy with you. A new will typically revokes any old versions, but having the original helps us see what’s already in place and whether anything important should carry over. If we only need to add or amend your will, we will create a separate document called a codicil.
Why It Matters
By looking through previous wills we can ensure that:
- Confusion is avoided: If multiple wills exist without clear revocation, it can cause delays and disputes when your estate is administered.
- Ensure updates are done properly: A properly drafted will makes older versions invalid. But a poorly written will may not, creating legal uncertainty.
- Spotting what’s missing: Old or free wills often lack details on digital assets, guardianship or funeral plans. Reviewing them really highlight the gaps.
- Blended families or life changes: Divorce, remarriage, or the birth of children can mean that old wills no longer reflect your current circumstances.
We’ve written extensively about the problem with free wills or outdated wills. Over the years we’ve seen countless issues, including, improper witnessing, solicitors appointing themselves as executors without stating how much will be charged, and even limits on the number of beneficiaries.
8. Digital Assets
When making a will it’s vital to consider your digital assets. If there is value in them (cryptocurrency, or revenue being generated from different channels), then these should be considered as part of your estate. Anything that exists online make up your digital assets, these can include:
- Online bank accounts
- Investment accounts
- Social media accounts
- NFTs or cryptocurrency
- Subscription services
But this isn’t just about valuing digital assets. We ask about all of your online accounts to make it easier for your loved ones to access your accounts so that they can be closed down when you die. You can appoint a digital asset manager or assign this task to your executor.
During your appointment, we will talk to you about the best ways to document your online accounts and passwords. These should be protected with a password that can then be included in your will.
9. Pets
You may want to make plans for pets if you’re no longer around to care for them. Including your pets in your will ensures they continue to receive the love and attention they deserve.
Why It Matters
Without clear instructions, your pets’ future could be uncertain. Friends or family may step in, but they might not be prepared, financially or practically, to take on the responsibility. By naming someone in your will, you’re giving both your pet and your loved ones certainty.
Choosing Who Will Look After Them
When thinking about a guardian for your pet, consider:
- Lifestyle: Does this person have the time, space, and willingness to look after an animal?
- Relationship with your pet: Is your pet already familiar and comfortable with them?
- Health and commitment: Are they realistically able to care for your pet for the rest of its life?
As with children’s guardians, it’s vital to discuss your wishes beforehand with whoever you’d like to name. Surprising someone with a pet inheritance is rarely a good idea!
Your Next Steps
Now that you have the ultimate making a will checklist you can use it to think about everything we’ve covered. From naming executors, guardians, and beneficiaries, to listing your assets, considering funeral wishes, and protecting digital accounts. But here’s the most important part! You don’t have to figure this all out alone.
At Online Wills and Probate, we don’t just tick boxes or churn out a document. Instead, we’ll sit down with you, either in person or online, and take the time to understand who you are, what you want, and who you care about most. This Making a Will Checklist is designed to get you thinking ahead. However, when it comes to writing your will, we’ll provide the legal expertise, financial knowledge, and personal support to make sure nothing is overlooked.
Ready to put this into action? Book your appointment with our will writers today and let’s turn your checklist into a will that works for you and your loved ones.
