WHAT TO DO....... about making a will

Do I have to make a will?

No. There is no law that says you have to. But if you die intestate - that is, without having made a will - the law lays down rules for how your property will be divided and these may be very different from what you would like to see happen, eg. your husband/wife might get your house outright or may get only a partial interest in it.

Why should I make a will?

Because it allows you to divide up your property among your family and friends in the way you wish and avoids everything going to the State if you have no traceable relatives.

What can I leave in my will?

Anything you own - your savings, life insurance policies, jewellery, books, furniture, car, house and so on.

Must I go to a solicitor?

No - you can write a will yourself. But there is only one thing worse than leaving no will at all - and that is leaving one which doesn't make your intentions clear or a home-made will that is incorrectly witnessed or signed. Any misunderstandings could involve your family and friends in a lot of expensive wrangling after your death.

A solicitor should be able to avoid these problems, and it needn't cost much. Always ask the solicitor how much it will cost to have your will drawn up, and it's worth checking how much a different firm would charge.

Can I get help with the cost?

In general, assistance (under the Legal Help scheme) is not available for the drawing up of a will. However, people in certain groups (e.g. those who are 70 or over, disabled people, the parent of a disabled person who wishes to provide for him/her or a single parent wishing to appoint a guardian) are eligible. If you are on a low income with little savings check whether you qualify with the Citizens Advice Bureau. The Bureau can also give you the names of solicitors who do work under the scheme.

I'm housebound - will a solicitor visit me?

It should be possible to get a solicitor to make a home visit if you're housebound or in hospital, and the Legal Help Scheme would help if you qualify (see above).

How do I make a will?

First decide how you want your property to be divided. The checklist (see page 3) will help you with this. Then discuss your proposals with your solicitor (assuming you're using one) who will write a draft version of your will. If there is something in the draft that you don't understand ask to have it explained. Your will must then be signed and witnessed in a certain way - if you don't follow the rules of law your will won't be valid.

You must sign your will before two independent witnesses or acknowledge your signature to them. They don't have to read the will as they are simply witnessing your signature. A witness must not be a beneficiary or executor or a partner of a beneficiary or executor of the will. Each witness has to sign the will in your presence (and it's a good idea for them to add their addresses). If you have difficulty seeing or writing, there are ways round this but you would need legal advice.

Wills made solely on video are not valid; they must be accompanied by a valid written will.

Who carries out my wishes?

The person who deals with your affairs is known as an executor. You can choose anyone you like but it is a responsible task, and can be time consuming, so think carefully before deciding. You may need only one executor, but many people appoint two, who can share the work. Many people choose their husband or wife as executor, or grown-up child, though you could choose a more distant relative, friend or business colleague. It's a good idea to ask someone younger than yourself to be your executor. Some people like to make a gift to their executor(s) in their will as a thank you, and s/he can deduct expenses such as telephone, postage and travelling costs from what you leave.

Many people appoint a bank, solicitor or accountant, but these will charge for their services, deducting their fees from what you leave. Ask professionals to quote their charges - these can vary considerably. You must check that whoever you choose as an executor is willing to do the work. Banks have scale charges which are published. These can be very high.

Checklist

Work through this checklist before you visit your solicitor - it will help you be clear in your own mind how you want your belongings to be distributed, and it could help to keep the solicitor's bill down.

• If you own some of your property (for example, your home) or bank or building society savings jointly with someone else, special rules apply depending on how, legally speaking, you share the ownership. In some cases, your share passes automatically to the other owner (or owners) and you can't leave it to anyone else. If this isn't what you want you can change the way in which you share ownership so that you can leave your share to anyone you like. Your Citizens Advice Bureau can give you details.



• If the value of your Estate (property and possessions) comes to more than a certain amount there could be some Inheritance Tax to pay on your death. If you have made gifts above the annual exemption in the last 7 years before your death this must be reported to the Capital Taxes Office by your executors.



• If you have any particular wishes concerning your funeral arrangements, these may be expressed in your will. If you don't say anything it will be up to your executors to make such arrangements as they think you would like.



• You must decide who you want to inherit your property and write down their full names, addresses and relationship to you (if any). While you can leave things to anyone you like, if you try to leave nothing at all to some people they may be able to claim against your estate. People who can make a claim include your husband or wife (and former husbands or wives), children or anyone else who was financially dependent upon you.


• Think about leaving specific items or amounts of money. It is usual to do this and then leave what's left - the residue - to one or more people. Any money you owe when you die, funeral costs and executors' expenses come out of the "estate" first.



• If you have any young children you should appoint a guardian or guardians to look after them until they come of age. Do check that whoever you choose is willing to take on this responsibility. Money left to children has to be held in trust for them until they are 18, and until then is looked after by trustees.



• Unless you say otherwise, your executors will be the trustees, but you may want to include the proposed guardian(s). If you have to set up a trust you will need the advice of a solicitor.



• Remember marriage invalidates your will, so if you are about to get married, make sure you tell your solicitor that you want a new will and he or she will make your new will in contemplation of your marriage. Marriage automatically revokes a will.

What do I do with my will?

Once you have signed your will it must be kept in a safe place. You can keep it at home but many people prefer to store it with their bank or solicitor. You can also arrange for it to be deposited at Somerset House in London, or at a District Registry or Probate Sub-Registry - this will ensure that the will is not lost and prevents you from dying intestate because no-one could find it. Your Citizens Advice Bureau can tell you how to go about this.

You should tell your executors where you have put your will to save them time and trouble in finding it. It could also help everyone if you keep other important information along with your will - for instance details of your bank or building society accounts, other investments and so on. Age Concern produce a guide "Instructions for my Next of Kin" - ask them for a copy.

Can I change my will?

Yes - indeed it is important to keep it up to date. For instance you might feel you want to change your will if you suddenly gain (or lose) a lot of money or start having children or grandchildren.

You can make small changes to a will by writing a codicil, which has to be signed and witnessed in the same way as the original will. But if you want to make major changes it is advisable to make a completely new will and destroy all copies of the previous will.

If you get married or re-married, the whole of any existing will will become invalid, and you would need to make a new one. If you get divorced, any will remains valid but your former husband or wife won't benefit from it (though see the Checklist above) and will not be able to act as an executor unless the will states that the gift or executorship should continue despite a divorce. The law in this area is complicated, so if you get divorced the best advice is to cancel your old will and make a new one.

Giving to Charity

You may choose to leave some of your estate to charity, perhaps a charity or charities which you have always supported. A solicitor or the CAB can suggest charities if you need any help. Of course, the Citizens Advice Bureau is itself a charity and always in need of funds!

Making a will enables you to sort out your affairs by working out who you would most like to benefit after your death. It saves those around you needless expense and trouble and it is not a costly or difficult thing to do.

This leaflet prepared by HORSHAM & DISTRICT CITIZENS ADVICE BUREAU

February 2002