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8 November 2024

Our guide to writing a will in 2024

Writing a will is one of the most important things you will have to do in your life, so it is important to make sure it is done correctly. Read our blog to learn more and see what we can do for you.

Estimated reading time: 7 minutes

Whilst it is a somewhat morbid topic, writing a will is an incredibly important act to consider. If the worst should happen, your family’s future will be secure, and there will be a clear statement of who gets what. The process of inheritance without a will is much more complex and time-consuming, and could result in unwanted stress for your family. Everyone will have peace of mind if you have a will ready to be used.

However, with it being such an important document, care should be taken to ensure that your will is drafted accurately, and with the correct wording to avoid any potential confusion about who inherits your estate. It should also be drafted in accordance with the jurisdiction it will be used in.

Therefore, whilst you can write a will yourself, it is better to get the assistance of a legal professional when you draft a will. This is particularly useful for people in complex situations.

Additionally, if you want to move abroad, you may need to get your will signed, witnessed, notarised and legalised to be able to take it with you. Always consult a lawyer in your destination country to confirm requirements.

Need a

Notary Public?

We can then book your appointment at one of our convenient offices in London, Manchester or Sheffield, or you can take advantage of our mobile notary service at a time and place that suits you.

A Notary Public such as ourselves can assist you with almost all of the above. Keep reading to learn more about writing a will, how we can help you draft a will, and how we can assist you with legalising a will.

Please note that we unfortunately cannot help you with writing your will ourselves, as they are complex documents that are more suited to specialists with a deep understanding of how to draft one to meet all the requirements, including lawyers in other jurisdictions or countries. Once it has been drafted, we can then help you if it requires notarisation.

Additionally, Scotland and Northern Ireland have different rules surrounding the making of wills. We have written a short paragraph that discusses where you can learn more.

How to make sure a will is legal

Before you even consider writing a will, there are some things to consider to make sure your will is legal to begin with.

For it to be legal, you must:

Sign the will in the presence of two witnesses when signing your will who are both over 18 years old
Have the witnesses be in your presence when they sign the will
Make the will in writing
Be of sound mind and capable of making your own choices
Draft the will without any outside pressure from someone else
Be over 18 years old

If these rules are not followed when drafting a will, then your will cannot be recognised as a legal document. If your will is not a fully completed and legal document, then you will not be able to use it until it has been rewritten. Also, it cannot be notarised for use abroad by a Notary Public such as ourselves.

What do I need to include when writing a will?

To secure the future of your family and give you peace of mind, there are some important details you will need to include when you are writing a will.

You can leave your estate to anyone you want to, but you will need to include this information in your will.

Also, there are some other important details that you will need to cover for a more secure future. These are:

Names of the executors of your will, who will carry out your wishes
Who will inherit what, such as money or important and sentimental items
Who will look after any children under 18 years old

There are other details you may need to include as well, which vary based on your particular situation. This is also why we recommend getting that assistance of a legal professional to draft your will

Can I change my will after drafting it?

Yes, you can change your will at any time if you want to make amends to any of the information, or have more details you want to include. There are two ways you can edit your will.

The first way to change your will is by drafting a document known as a codicil, which a legal professional can also draft for you. It essentially acts as a supplement to your original will, and is not included on the actual will itself.; instead, it is a separate document that will be attached to your will

Alternatively, you can rewrite your will to reflect any new information you want to include. This may be a more costly process than drafting a codicil, but it will mean all the information you want is included on one document.

We recommend checking your will every five years to see if anything needs to be updated.

What are common mistakes when writing a will?

In some more complex cases, you might make some mistakes when writing your own will. However, you may still make mistakes even if the will is relatively straightforward, simply because you will not be used to creating a will.

Here are some common mistakes people make when writing their own will:

Being unaware of how marriages, civil partnerships and divorces can impact a will
Changing the will without witnesses
Not knowing how to make a will legally valid (we have outlined how to make one valid in a previous paragraph
Not accounting for all the money, belongings and property involved
Unknowing of the rules under which people can contest your will if they feel like they have not been sufficiently provided for, or feel they have been left out

One of the best ways to avoid making mistakes is by using the services of a legal professional to draft a will. We would just like to restate that we cannot assist you with writing a will, but we can assist you after one has been drafted in situations where you, for example, need a witness to you signing the will, or want to get it notarised.

It is even more important that you avoid mistakes if you want to take your will abroad, as a Notary Public looks over the document and ensures that the will has been signed, witnessed, and confirms your identity before then authenticating it as valid. If some of the important details are incorrect, then it cannot be notarised.

When should I get the assistance of a legal professional?

Whilst we recommend getting the help of a legal professional generally to draft a will for you, if your situation is simple and allows for a straightforward will, then you can do it yourself if you really want to.

However, there are some circumstances where we completely believe that the best way to write a will is through the services of a professional. This is particularly important if your situation is complex, as it is important to avoid any mistakes, whether big or small.

Some examples of a situation where you should get the help of a legal professional are:

You are sharing your property with someone who you are not married to or in a civil partnership with
Several people can make a claim on your will, such as children from a previous marriage
You own a business
There is overseas property involved, but you mainly reside in the UK
You are primarily resident overseas, but own property in the UK
If you need to provide for someone who cannot care for themselves

There may be other situations that you should use a legal professional for as well. If you feel like your circumstances are complex but are not mentioned here, then please get in touch with a professional to see if this is the case.

Some other situations where you will definitely need the help of a professional

Wills for expats

There will be extra considerations for people who are British citizens no longer living in the UK, but with family and property still at home.

Different countries will have different rules around inheritance, which makes it extra important to make sure that your money and other belongings are protected in your will, and go to the right people.

Additionally, depending on what other countries you own property in and where else you may have decided to make your permanent residence, you may have to pay whatever that country’s equivalent of Inheritance Tax is.

We recommend that get advice from a lawyer in the country in which you reside, as requirements vary greatly between countries and jurisdictions.

If I write a will abroad, will it be valid in the UK?

If you got your will drafted abroad, it should be valid in the UK as long as it was created in line with the local laws of the country it was drafted in.

For example, if you lived in Spain for a time and got a will drafted then, but now want to come back to the UK, your will should be recognised as valid. However, it is always best to check with your lawyer.

Rules for Scotland and Northern Ireland

This blog has only discussed wills that are to be made in England and Wales. Please be aware that Scotland has its own set of rules surrounding making a will, as does Northern Ireland.

If you would like to know about how to make a will in Scotland, then please visit the website of Citizens Advice Scotland to learn more.

For Northern Ireland, you will need to visit NI Direct Government Services to read more about preparing a will.

Moreover, as a Notary Public of England and Wales, we cannot provide any services within Scotland or Northern Ireland. Notaries in Scotland work slightly differently to those in England and Wales, as do the ones in Northern Ireland. Instead, you will need to find a Notary Public that operates where you live.

How we can help

Our expert Notary Public of England and Wales, Nathan Woodcock, can assist you with wills in two ways. He can act as a witness to the signing of a will, and he can carry out the act of notarising a will so it can be used abroad. Your will can even be authenticated by Nathan to just give it an extra layer of protection from, for example, anyone who tries to interfere with your will.

He has years of experience as a notary, and has left many clients happy with our services.

With wills being such an important document related to sensitive matters, it is extra important to make sure that your case is treated with respect and care. We will strive to provide the best possible service to you.

To use our services, just contact us by either phone, email, or by using our website chat. Then, you can talk to a member of our team about what you need to get done.

If you need to get your will notarised and legalised, then you can book an appointment with Nathan during your discussion with one of our team members.

Your appointment can take place at one of our offices in London, Manchester, or Sheffield. However, you also have the option of using our mobile notary service to arrange your appointment at an appropriate time and place that suits you, whether it be at home, an office, or elsewhere.

For legalisation, there are two processes which we can help you with depending on where you want to go; some countries accept apostilles, whilst others only accept embassy and consulate legalisation.

Regarding apostilles, we offer standard and fast-track services, which you can choose between depending on your needs.

Embassy legalisation is a bit more complex, and as a process itself it can vary depending on where you want to take your will. We can manage the entirety of this time-consuming process for you.

View our apostille and legalisation packages page to learn more about what we offer.

Get in touch with us today for our help with writing a will.