Making a Will: What to Include and Why It Matters

Overview

A Will is a written document that records testamentary intentions and, if validly executed, directs how an estate is to be administered and distributed on death. A properly drafted Will also appoints executors (the people responsible for administering the estate) and can include protective structures where needed.

What a Will can cover

• Executors and trustees: Who is authorised to deal with assets, pay liabilities and distribute to beneficiaries.
• Gifts and legacies: Specific items (“my car”), monetary gifts, and charitable gifts.
• Residuary estate: A clause dealing with everything not gifted elsewhere (often the most valuable part of the estate).
• Guardianship: Appointment of guardians for minor children (where appropriate).
• Practical wishes: Funeral preferences and personal messages (typically non-binding, but useful).

Why a Will matters (common outcomes without one)

If there is no valid Will, the estate passes under the intestacy rules, which may not match the deceased’s intentions and may not provide for unmarried partners, stepchildren, friends or charities. Intestacy can also increase administrative complexity and delay.

Validity and execution (headline points)

Wills in England and Wales must comply with formalities (including signing and witnessing requirements). Difficulties commonly arise where:

• Witnesses are not independent or signatures are not properly applied;
• The document is ambiguous or incomplete;
• Capacity is questioned (especially where illness is involved).

How Royce Legal can help

Royce Legal can advise on appropriate executors, draft clear gifting provisions, address family arrangements (including blended families), and ensure the Will is executed with the required formalities.