What could and should be included in your will?
Writing a will can be a relatively simple task if you have very straightforward affairs. You could write it out yourself by copying boilerplate legal text into a Word document, making sure to update the key parts, including:
Your name and address.
Your beneficiaries names.
Any specific gifts or funeral wishes.
Who is entitled to your residuary estate (remaining property and assets).
Your executors names.
Of course, we don’t recommend writing a will yourself, especially if you’ve not thoroughly researched the topic. However, assuming everything is written clearly and is not contradictory, the only thing remaining to make it legally binding is to sign it in front of two witnesses who are willing to write their signature and details on the will.
That covers the bare minimum of what needs to be included in your will, but what is your affairs are not so straightforward or your wishes are non-traditional? What could you include in your will?
Everyone ordinarily resident in England and Wales has a right known as ‘testamentary freedom’ which is the legal right of a person to dispose of their property as they wish after their death. This differs from civil law jurisdictions in Europe and elsewhere in the world, where your immediate heirs may have rights to mandatory succession.
There are some exceptions, such as those laid out in The Inheritance (Provision for Family and Dependants) Act 1975. This Act allows certain people, such as a spouse, children, and parents, to make a claim against a deceased person's estate if they feel that they have not been adequately provided for. For example, if you are separated from your spouse but not yet divorced when you pass away, your spouse may rely on this Act to make sure that they are no worse off than they would be under a financial settlement achieved through divorce.
Exceptions aside, this right affords anyone writing a will with significant freedom to leave your property however you see fit, regardless of others’ opinions. It also allows you within reason, to explicitly exclude people from your will, who might otherwise expect to inherit a portion of your estate. For example, you may choose to exclude one of your adult children who received a gift during your lifetime to help purchase a property, if your other children did not receive an equivalent gift.
Ultimately, there’s a long list of things you could include in your will, such as:
Who gets your car, any beloved jewellery or family heirlooms.
Who should be the guardians for your children and how should they be raised.
Who should look after your pets.
Who has the right to live in your property before it can be sold.
Who has access to any digital assets, such as email, social media accounts, etc.
Whether you want a lavish party for your friends and family after you pass away.
At Will Easy, we give you significantly more freedom using our platform to customise your wishes compared to alternatives. If you think we might be missing a trick, please get in touch and we’ll see what we can do for you.
