Five things to consider before a will writing appointment
At York St John University, our Law Clinic offers a range of legal services, including Will Writing. As part of Free Wills Month, we asked them for advice on what to consider before attending a Will Writing appointment.
If you would like to use their free will writing service, please email lawclinic@yorksj.ac.uk. You can also find out more about their services on their website.
Making a will can be an emotional experience and we aim to make your visit to the Clinic as comfortable as possible. To help us to do this, there are five things for you to think about before your appointment:
1. Decide who you would like to appoint as Executors of your Will.
Executors are the people who will administer your estate, pay any debts and distribute your property in accordance with your wishes. Ideally, you should appoint two people, in case one of them is unwilling or unable to act.
The Co-Op Legal Services website has a useful article about the difference between beneficiaries and executors, and what to consider when choosing the executors of your will. You can read it on their website.
2. Would you like to include any specific requests for your funeral arrangements?
These can be included in your will, although they are not legally binding on your Executors. For example, detailing any readings or music you would like to be used.
3. Consider arrangements for dependents or younger beneficiaries
If you have children who are under the age of 18, consider who you would like to appoint as their legal guardians.
If there are beneficiaries who are under 18, whether they are your children or not, any money or property given to them under the will should be held on trust until they come of age. Think about the people who you wish to act as Trustees to look after the property in the meantime. These can be the Executors, or the legal guardians, or different people: it is your choice.
4. Think about leaving gifts in your will
Consider if you wish to give any gifts of specific property, such as a piece of jewellery or another item of sentimental value, to any particular person. For example, you might decide to gift a fellow stamp collector your stamp collection.
You might also consider whether you would like to leave a monetary gift in your will to a specific person or to a charity. This could be a specific sum of money (for example, £1000) or a percentage of your estate (for example 1% of your estate).
5. Consider contingency plans
Finally, think about what you would like to do with the remainder of your estate. It is a good idea to consider where you would like your property to go, should your beneficiary die before you.
For example, it is very common for a parent to leave their estate (after payment of any gifts of specific items or money) to their children equally. A proviso is often included whereby, if a child dies before the parent, leaving grandchildren, the grandchildren will share the deceased parent’s inheritance equally.
If you consider these five things beforehand, it will make your initial will writing appointment easier for you, as you will not feel as though you have been put on the spot to make a quick decision!
Please note that the York St John Law Clinic cannot give tax planning advice in respect of your Will. If we feel that this is necessary, we will suggest other organisations who can help you with this.
