Simple wills

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What is a simple will?

A simple will is a legal document that allows you to outline exactly how you want your assets, money, and personal possessions to be shared out after your death. It provides clear instructions to your loved ones and the legal system about your final wishes, so that your estate can be managed exactly as you intend.

Creating a simple will is a straightforward process that involves listing your assets, choosing beneficiaries, and appointing an executor who will be responsible for managing how your estate is divided up.

A simple will is an important tool that brings financial clarity and peace of mind for both you and your family during a difficult time.

Why people create simple wills

Before you look into arranging a simple will, review the most common reasons people take this step.

Family's financial future

Ensuring your loved ones are financially secure after your death is often the main motivation for creating a will. By clearly stating how your assets should be divided up, you can provide financial support and long-term stability for your dependents, reducing the chances of family conflicts and legal issues.

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Guardianship of children

If you have minor children, a will allows you to specify who will become their legal guardian. This makes sure your children will be cared for by someone you trust and who shares your values, bringing emotional security and structure during a period of change.

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Avoiding intestacy rules

Without a will, your estate falls under standard "intestacy" rules, which might not match your personal wishes. These default legal rules may divide your assets in ways you wouldn't choose, leaving some loved ones excluded or not provided for.

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Providing for beneficiaries

A will lets you make clear arrangements for specific people or organisations. Whether you want to leave a particular asset to a family member, make a donation to charity, or provide for a dependent with certain needs, a simple will gives you complete control.

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DIY vs. professional will writing

Homemade will writing has its benefits, but you may find it lacks the necessary legal detail:

Do-it-yourself approach

Creating a will yourself using online templates or self-help guides may seem cost-effective and straightforward. You have complete control over the process and can work at your own pace, all while avoid professional fees. Many online services provide step-by-step guidance and standard legal language to help you draft a basic document.

Professional will writing

Employing a solicitor or professional will writer gives you the benefit of expertise and personal guidance. An expert can navigate complex family situations, provide tax planning advice, and ensure your will is legally binding. While more expensive, professional will writing reduces the risk of errors that could cause legal issues or make your will invalid.

Simple wills pros and cons

Advantages

  • Full control: Clear and precise control over how your assets will be distributed after your death.
  • Family protection: Your will provides quick and specific financial security for your loved ones.
  • Flexibility: Simple wills can be easily updated as your life and circumstances change.
  • Cost-effective: Creating a simple will is a relatively inexpensive legal process.
  • Legal clarity: A well-drafted will reduces potential family disputes over inheritance.

Disadvantages

  • Limited options: Simple will formats may not fully address complex financial situations.
  • Ongoing maintenance: Your will needs regular review and updates to remain relevant.
  • Professional costs: Solicitor fees for will preparation can become quite significant.
  • Limited tax strategies: Simple wills offer minimal planning for inheritance tax.
  • Future changes: Basic will formats might struggle to adapt to complex life changes.

Should I take out a simple will?

Creating a simple will is not just for the wealthy or elderly. If you own any assets, have dependent children, or want to ensure your final wishes are respected, a will could be a useful tool. Without one, you leave your estate vulnerable to default legal rules that may not reflect your wishes. Consider your will a piece of financial planning, much like insurance or retirement savings. It provides clarity during an emotion time, and peace of mind that your assets will be divided as you intend. Even if your estate is small, a will can prevent potential conflicts.

Types of simple will

1. Single person's will
2. Mirror wills for couples
3. Property protection will
4. Charitable wills
5. Protective wills for vulnerable beneficiaries
6. Digital asset wills

1. Single person's will

This basic will outlines the distribution of assets for unmarried or divorced people. Designed for simple family structures, it provides a straightforward way to allocate personal wealth, specifying beneficiaries, guardianship arrangements for dependents, funeral wishes, etc.

2. Mirror wills for couples

Typically used by married or long-term partners, mirror wills create two documents that complement each other and reflect similar provisions. Each partner's will broadly mirrors the other's, which makes for a united approach, consistent estate planning, and protection of shared assets and family interests.

3. Property protection will

Specifically designed to protect family homes and property assets, this type of will helps safeguard your home from paying for care home fees or unexpected financial claims.

While this type of will doesn't necessarily prevent your house from being sold, it can create legal structures that preserve your share of a property for your beneficiaries.

4. Charitable wills

People wanting to leave part of their estate to charity can use this will type. It allows for precise details of donations, making sure that chosen charities receive the financial support you desire. At the same time, charitable wills offer potential inheritance tax benefits.

5. Protective wills for vulnerable beneficiaries

Tailored for families with dependents with special needs or financial vulnerabilities, these wills can establish trusts or specific financial arrangements that provide long-term care and financial security.

    6. Digital asset wills

    Digital asset wills recognise the growing importance of online resources. These modern wills include provisions for online accounts, cryptocurrency, digital media, and other electronic ownerships. They provide clear instructions for managing and distributing digital wealth.

    Finding and applying for a simple will

    Use our checklist to explore your options and select an ideal will writing service.

    Online services
    Explore digital platforms with will creation tools.
    Compare features and check reviews.
    Make sure the service is regulated by the Solicitors Regulation Authority or the Institute of Professional Will writers.
    Solicitor recommendations
    Look for solicitors specialising in estate planning.
    Check for clear fee structures and proven expertise in will writing.
    Seek recommendations from local law societies, financial advisors, or trusted friends.
    Community legal advice
    Consider community services.
    Assess those offering affordable or free will-writing guidance.
    Some provide support for specific groups or people on low income.
    Professional will writers
    Contact professional will-writing associations.
    Find certified experts and verify their credentials.
    Understand their fee structures and request consultations.
    Banks and insurance providers
    Many banks and insurance companies offer will-writing services.
    They can provide simple, integrated approaches to estate planning.
    Charity will-writing schemes
    Some charities offer free or discounted will-writing.
    They can provide cost-effective options while supporting charitable causes.

    Our expert says:

    ‘’A simple will is your lasting voice, safeguarding those you love. Creating one is a crucial step in protecting your family's financial future. With careful planning and professional guidance, you can ensure your wishes speak louder than the legal wrangling others may leave behind.”

    Lawrence Howlett, Retirement expert

    Frequently Asked Questions

    How much does creating a simple will cost?

    Wills in the UK comes with a range of price points that depend on your chosen approach. At the more affordable end, online templates can cost around £30. These are a basic, do-it-yourself option for people with straightforward family structures.

    Can I write my own will without a solicitor?

    You can write your own will in the UK, but this option comes with certain risks. To be a legally valid will, it must meet specific requirements: you must be over 18, of sound mind, and create the document voluntarily. The will needs two independent witnesses who are not beneficiaries, and everyone must sign in each other's presence.

    How often should I update my will?

    Your will isn't a one-time exercise but a living document that should evolve with your life. Major events often trigger the need for a will review or update. These include getting married, getting divorced, having children, major changes in your finances, or if a named executor or beneficiary dies.

    What happens if I die without a will?

    Dying without a will, known legally as dying "intestate", means your estate gets distributed according to standard government rules that might not match your personal wishes. In the UK, these strict rules prioritise immediate family members in a predetermined order. If you're married with children, your partner receives the first £322,000 of your estate (as of July 2023).

    Can I exclude someone from my will?

    While you have considerable freedom in deciding who inherits your assets, the UK legal system protects certain family members through the Inheritance (Provision for Family and Dependants) Act 1975. This means that spouses, children, and financial dependents can challenge a will if they believe they haven't been adequately provided for. To successfully contest a will, they will need to prove financial need or show that the will fails to make reasonable financial provision.

    Are online will-writing services reliable?

    Online will-writing services have become quite sophisticated and can be reliable if you choose carefully. If you decide to go this route, look for providers regulated by respected bodies like the Solicitors Regulation Authority or the Institute of Professional Will writers. Reputable services offer detailed guidance, document checking, and often have the option to consult with legal professionals.

    What will rights do civil partners have?

    Civil partners in the UK have identical legal inheritance rights to married couples. This was a legal protection established by the Civil Partnership Act 2004. This means if your civil partner dies without a will, you have the same automatic inheritance rights as a spouse. Under intestacy rules, your partner can inherit the first £322,000 of your estate and half of the remaining assets, with any children sharing the other half.

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