The Do’s and Don’ts of Will Writing

Writing a will isn't an easy process, but neither is executing a will that hasn’t been writing to a good enough standard. As with most things in life, it’s far better to face estate planning sooner rather than later – if not, you may find that it hangs over you. It’s not just about ensuring they have the money they need to keep going – it’s about making certain that all promises are kept, obligations fulfilled, and relationships honoured. 

With that in mind, here are the Do’s and Don’ts of writing a will. 

The do's of will writing

Select a responsible executor

You need someone who's a responsible executor. They'll be in charge of ensuring that your wishes are met, and represent the first line of defence against arguments and issues arising between family members. Consider someone (or a company) with a good reputation and reviews. You should also let loved ones know what solicitors you've chosen. 

Regularly update your asset list

Maintain an updated list of assets – you never know when you'll buy something new that won't be on your will. That's especially true if you wrote the will in your 30s/40s. It should include bank accounts, pensions, and insurance policies. While you can’t update a will, taking on a new, high value asset will mean you should discuss drafting a fresh will with your solicitor. 

Start sooner rather than later

It’s easy to assume that you’re too young to need a will, or that your estate is not yet substantial enough to warrant one. This is a big mistake. Anyone who owns property, has a family to support, or has accumulated significant wealth should have a will in place. 

Involve solicitors

Involving solicitors in the will-writing process is essential. Their expertise in foreseeing potential disputes and ensuring the will doesn't face legal challenges will prove invaluable when it comes to protecting the estate from disruptive legal battles and ensuring your wishes are respected.

It’s all too common for will dispute solicitors to find that a DIY will has left a family in the lurch, unable to free-up any money from the testators’ estate during the legal process. 

The Don'ts of Will Writing

Forgetting foreign assets

Some people forget about assets abroad. People with holiday homes and assets in other countries should include them in the will. And don't forget things like foreign bank accounts registered in the holiday-home country. 

Note: a will valid in the UK might not be automatically recognised in other countries.

Overlooking sentimental items

Many people have jewellery and other sentimental items they forget to include in the will, but beneficiaries can't decide who should have it. These might not be financially valuable, but they will hold a huge amount of value for the right person. Don’t leave these important items to chance. 

Using DIY will writing services

While these services promise to expedite the process and avoid any big ‘to do’ about creating your will, you can’t (and shouldn’t try to) escape the fact that writing a will is very important, and deserves an investment of your time and effort. DIY wills are commonly contested in court, causing a huge amount of disruption to grieving families. 

Writing a will should take time. Sticking to the do's and don'ts and having professional help will make the process smoother – whether it's the process of writing the will or dealing with beneficiaries when it comes time to execute the will.