For most people, the best way to make a will is to treat it as a clear set of instructions for the people who may one day have to manage your affairs. A properly prepared will says who should receive your assets, who should deal with the administration, and who should care for young children if both parents have died. It can spare your family uncertainty at an already difficult time.
A will does not need to be complicated to be effective. However, it does need to reflect your circumstances, use the right legal wording and be signed correctly. A form that seems straightforward can create serious problems where there is a family business, a second property, children from a previous relationship, or assets in both Northern Ireland and the Republic of Ireland.
What a will can do for you and your family
Without a valid will, the law decides who inherits under the rules of intestacy. Those rules do not take account of personal promises, informal arrangements or the relationships you may value most. An unmarried partner, for example, does not automatically have the same inheritance rights as a spouse or civil partner.
A will allows you to decide who benefits from your estate and in what proportions. It also lets you appoint executors, the people responsible for collecting assets, paying debts and distributing what remains. You can name guardians for children under 18, make a specific gift to a friend or charity, and set out what should happen if a beneficiary dies before you.
For many families, the greatest value is clarity. Clear instructions can reduce the risk of disagreement between relatives and make the probate process more manageable for those left behind.
The best way to make a will: start with the right information
Before preparing a will, take time to build an accurate picture of what you own, what you owe and who relies on you. This is not about producing perfect paperwork. It is about ensuring the decisions in your will are informed ones.
Make a note of your home, savings, investments, pensions, business interests, vehicles and valuable possessions. Include any debts, mortgages and loans. You should also consider how property is owned. A jointly owned home may pass automatically to the surviving owner in some circumstances, rather than under the terms of your will. Pensions and life insurance policies can also have separate nomination or trust arrangements.
It is helpful to consider four decisions before you seek advice:
- who you want to appoint as executor, including a replacement if necessary;
- who should inherit your estate and whether any gifts should be conditional;
- who you would trust as guardian for children under 18; and
- whether there are people who may expect provision but whom you do not intend to benefit.
Choosing an executor deserves particular care. The role involves practical work and legal responsibility. A trusted relative may be the right choice, but it can be sensible to appoint more than one person or to consider professional assistance where the estate is complex or family relationships are strained.
Be precise about gifts and the people receiving them
Vague wording is one of the easiest ways for a will to cause difficulty. Saying that an item should go to “my family” may not be enough where family members disagree about what that means. Naming people clearly, using their full names and setting out their relationship to you can prevent avoidable questions later.
You should also plan for the unexpected. If you leave a gift to one person and they die before you, should it pass to their children, return to the rest of your estate, or go to someone else? A well-drafted will addresses these possibilities rather than leaving them to chance.
Parents should think carefully about guardianship. The person you choose should be willing and able to take on the role, and it is sensible to discuss it with them beforehand. Your will can record your wishes, but the welfare of the child will always remain central if a court needs to make a decision.
Signing a will correctly matters
A will can express perfectly sensible wishes and still fail if it has not been executed properly. In Northern Ireland, the usual requirement is that the person making the will signs it, or acknowledges their signature, in the presence of two witnesses who are present at the same time. The witnesses then sign the will in the presence of the person making it.
Witnesses should be independent adults. A beneficiary should not act as a witness, nor should the spouse or civil partner of a beneficiary. Doing so may not invalidate the whole will, but it can cause the gift to that person to fail. It is a risk that is easily avoided.
Do not assume that a scan, a photograph or an electronic signature will be sufficient. The original signed document is what normally matters. Once it has been signed, keep it safe and make sure your executors know where it is stored. A will that cannot be found can be almost as troublesome as one that was never made.
When a solicitor is particularly valuable
It is possible for some people with straightforward circumstances to prepare their own will. The trade-off is that you take responsibility for identifying the legal issues, using suitable wording and ensuring the signing process is correct. A low-cost document can become expensive for an estate if it leads to ambiguity, a failed gift or a dispute.
Professional advice is particularly worthwhile if you are unmarried but living with a partner, are separated, have remarried, have children from different relationships, own a business or farming assets, or want to protect a vulnerable beneficiary. It is also valuable where you are concerned that someone might challenge your will on grounds of capacity or undue influence.
A solicitor can ask the questions that online forms cannot always anticipate. For example, a gift to a child who is not yet financially mature may need to be held in trust. A beneficiary who receives means-tested support may need careful consideration. If you own assets on both sides of the border, the interaction between Northern Irish and Irish succession rules should be reviewed rather than assumed.
The process should still be practical and personal. A good appointment involves discussing your family, assets and wishes in confidence, receiving clear advice on the available options, and leaving with a document that you understand. At JPH Law, we can help clients put clear arrangements in place while drawing on wider specialist support where required.
Review your will as life changes
Making a will is not a task to complete once and forget. Marriage generally revokes an existing will unless it was made in contemplation of that marriage. A new child, a house move, a divorce or separation, the death of an executor, and a major change in assets are all good reasons to review it.
A review does not always mean rewriting everything. Sometimes a carefully prepared amendment is appropriate, but it must also meet legal requirements. Do not write changes on the original will or attach informal notes in the hope that they will be followed. Seek advice before altering a signed document.
Set a reminder to revisit your will every few years, and sooner after a significant life event. The most useful will is not the one with the most complicated wording. It is the one that continues to reflect the people and responsibilities that matter to you.