Tips for will writing

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    There are a few basic rules that you need to follow to get your fully legal online will completed with us.

    It’s very important to us, and to your executors and beneficiaries, that we can identify you correctly so we need your full legal name, your full address including postcode, your date of birth and basic contact details.

    I will write these tips in the order they appear on your will.

    Executors

    these are people that you trust to sort out your estate which comprises of everything that you own in your sole name at the time of your death. Most couples nominate each other in the first instance and very often their children as reserve executors but it’s also quite common to nominate a professional, when asked to do so, we use Kings Court trust who are a well-established company that solely deal with probate.

    Guardians.

    You only need to nominate guardians if you have children who are under the age of 18 and four couples it is usual for the surviving partner or spouse to have full parental rights in the first instance after first death but then the people that you choose to look after your children who are under 18 when you both die, again, need to be people that you trust and usually people that your children are comfortable with. If you don’t have children under 18 then there’s no need to nominate guardians.

    Gifts.

    Once you’ve nominated the officers who have roles to play in the administration of your estate and the care of your loved ones after your death then you are able to specify gifts of items of sentimental value, items of high-value, bank accounts, property, treasured collections or money. You need to say who these gifts are going to and what that person or those peoples relationship is to you.

    Normally at this point in your will we will include the correct legal wording that satisfies the current legislation that is in place covering will writing at the time when your will is being written. To make sure that our professional indemnity insurance is not invalidated this section of legal wording cannot be altered but you can rest assured that it makes sure that your will can be administered by your appointed executors exactly as you would wish.

    Residue.

    Once your debts have been paid and your gifts have been given out and any trusts set up that you specified then the residue of your estate can be distributed amongst your nominated beneficiaries. Normally a most couples the first level of residue would go to each other, however this is entirely up to the individual, and in the case of single Wills it is up to the individual to nominate who they would wish the estate to go to.

    Where possible we will always make an effort to write in reserve beneficiaries in case the first level nominated beneficiaries are unable to inherit for various legal reasons or have predeceased you. In the circumstances reserve beneficiaries will inherit your estate and, again, in the case of couples this is very often their children. And for those without children then other close family members, close friends and charities can be nominated.

    Disaster clause.

    Some people like to include a disaster clause in case of the unlikely event that their first and second level beneficiaries of all predeceased them but they would still like to control the destiny of their estate and so at this point such people very often nominate distant family members or charities that are close to their heart.

    Funeral arrangements.

    This is the only section of your will that is not legally binding but many people like to include their wishes regarding their funeral and disposal of their body. If people wish their body to be used for medical science or for transplants then we can include this. Many people wish to specify what sort of religious service they would like and whether they would like to be buried or cremated. We are also able to include requests for disposal of their Ashes such as being scattered under a tree or a sea, and on some occasions the more amusing and unusual requests that people have such as having their Ashes fired up into the sky in an exploding firework, each to their own.

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    Matt Walkden Will Writer

    About Matt Walkden

    I am a Professional Will Writer and I offer a small number of other products that complement my Will Writing such as Lasting Power of Attorneys (LPA’s), Fixed Price Estate Administration, often called Probate and some Property Products such as changing a family home from Joint owners to Tenants in Common.

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