Writing A Will Explained: Key Considerations for Protecting Your Family

Writing a will isn’t something most of us like to think about but it is to protect your family, and it’s one of the most important steps you can take to protect your loved ones and ensure your wishes are respected after you’re gone.

A will gives you control over your estate, helps prevent family disputes, and provides reassurance that the people and causes you care about most will be looked after.

In this guide, we’ll explain what a will is, why it matters, and the key things to consider when writing one in the UK, including how to choose executors, plan for children, and make sure your will is legally valid.

What is a Will?

A will is a legal document that sets out what should happen to your money, property, possessions, and dependents after your death.

It allows you to:

• Decide who inherits your estate (known as your beneficiaries)
• Appoint executors to carry out your wishes
• Name guardians for your children
• Leave specific gifts or charitable donations
• Provide instructions for funeral wishes

Without a will, these decisions are made under the intestacy rules, which may not reflect what you would have wanted.

Why Having a Will Matters

Making a will ensures your estate is distributed fairly and efficiently. It also avoids unnecessary stress for your family during an already difficult time.

Here’s why a will is so important:

1. You decide who inherits what
   Without a will, the law decides who receives your assets — not you.
2. You can provide for unmarried partners or stepchildren
   Under intestacy rules, unmarried partners and stepchildren aren’t automatically entitled to inherit anything.
3. You appoint trusted people to manage your estate
   You can choose executors who are reliable and financially competent.
4. You reduce the risk of family disputes
   A clear, well-drafted will can help prevent disagreements over inheritance.
5. You can protect your children’s future
   By naming guardians, you control who cares for your children if you pass away while they’re under 18.
6. You may reduce inheritance tax
   Strategic estate planning can make your assets more tax-efficient. See Inheritance Tax guidance on GOV.UK for details.

Did you know? Around 54% of UK adults don’t have a will (source: Royal London, 2024). This means millions of families are at risk of unnecessary legal complications if a loved one dies unexpectedly.

What Should Be Included in a Will

When wirting a Will, every will is unique, but most include the following elements:

1. Your Executors

Executors are the people you appoint to manage your estate. Their responsibilities include:

• Collecting assets
• Paying debts and taxes
• Distributing inheritance to beneficiaries

It’s wise to choose at least two executors (often a family member and a professional). You can read about their duties on the Citizens Advice guide to executors.

2. Your Beneficiaries

These are the people or organisations who will receive part of your estate. This might include:

• Family members
• Friends
• Charities
• Business partners

Be specific when naming beneficiaries and clearly describe what they’ll receive — whether that’s property, a set amount of money, or sentimental items.

3. Guardians for Children

If you have children under 18, your will should name guardians who would look after them if both parents die. Without this, the family court will decide who takes care of them, which might not align with your wishes.

Tip: Always check that your chosen guardians are willing and able to take on the role before naming them in your will.

4. Funeral Wishes

Although not legally binding, you can include preferences about burial, cremation, or religious observances. This helps guide your loved ones when making arrangements.

5. Specific Gifts and Legacies

You can leave specific items (like jewellery or family heirlooms) or financial gifts to individuals or charities. For charitable giving, include the charity’s full name and registration number. See Charity Commission register for official details.

6. Residuary Estate

This is what remains after debts, taxes, and specific gifts are settled. You can allocate it among one or more beneficiaries — for example, leaving 50% to your spouse and 50% to your children.

How to Make a Legally Valid Will in the UK

To be valid under Wills Act 1837, your will must meet the following conditions:

1. You must be 18 or over.
2. It must be made voluntarily (without pressure).
3. You must be of sound mind.
4. It must be in writing.
5. It must be signed by you in the presence of two witnesses.
6. Both witnesses must also sign the will in your presence.

Witnesses cannot be beneficiaries (or their spouses), otherwise their inheritance could be void.

Keep your will in a safe place, such as with your lawyer, bank, or a secure document storage service, and let your executors know where to find it.

If You Own Assets Abroad (e.g., in the UAE)

If you live or work abroad, or own property in another country, you may need separate wills for each jurisdiction.

For example, if you own assets in Dubai, you can register a DIFC Will under the Dubai International Financial Centre (DIFC) system.

A DIFC Will ensures that your UAE assets are distributed according to your wishes and not local Sharia inheritance laws, which otherwise apply by default.

Understanding Inheritance Tax (IHT)

Inheritance tax (IHT) applies to the value of your estate when you die. In the UK, the standard IHT threshold (nil rate band) is £325,000.

Amounts above this threshold are generally taxed at 40%, though many exemptions and reliefs apply, such as:

• Spouse exemption – Anything left to a UK-domiciled spouse or civil partner is tax-free.
• Charitable gifts – Donations to registered charities are exempt.
• Residence nil-rate band – An additional allowance when passing your main home to direct descendants.

You can calculate your potential liability using the HMRC Inheritance Tax calculator.

Common Mistakes to Avoid When Making a Will

Even a small error can cause major issues later. Here are the pitfalls to watch out for:

1. Not updating your Will
   Review it after key life changes, marriage, divorce, the birth of a child, or buying property.
2. Not signing or witnessing properly
   Incorrect execution can make your will invalid.
3. Forgetting digital assets
   Consider online accounts, digital photos, social media, and cryptocurrency holdings.
4. Failing to account for overseas assets
   If you have property abroad, like in the UAE, include them in your estate plan or create a separate will.
5. Not telling anyone where it’s stored
   A will that can’t be found might as well not exist. Ensure your executors know its location.

How to Update or Replace Your Will

You can amend a will using a codicil, a separate document that modifies specific clauses. Both the will and the codicil must be signed and witnessed.

However, for significant changes, it’s often better to make a new will and explicitly revoke the old one.

For guidance, visit GOV.UK – Making and Updating Your Will.

When to Seek Legal Support

While DIY templates exist, they often fail to meet legal requirements or account for complex family or financial circumstances.

Professional legal support ensures:

• Your will complies with the law
• Your estate is tax-efficient
• Complex assets (business interests, foreign property, trusts) are handled correctly
• The document is clear, valid, and stored securely

---

Related Reading: Wills and Probate

• Do You Need a Will? Why Every Adult Should Have One
• What Is a Power of Attorney and How Does It Work in the UK?
• Lasting Power of Attorney: Why It Matters and How to Set One Up
• DIFC Wills: Why Expats in Dubai Should Consider One

Further Resources on Writing a Will

• Citizens Advice – Wills and Probate
• The Law Society – Finding a Lawyer for Wills and Probate
• HMRC – Inheritance Tax Overview
• Royal London Report: Half of UK Adults Without a Will