Why use a solicitor for your will?
Anyone can write a will, but mistakes are common and often only come to light when it is too late to fix them. A will must be in writing, signed by you in front of two witnesses who also sign, and the witnesses (or their spouses) must not benefit from it. A solicitor will check these formalities. They will also think through situations like second marriages, children from different relationships, business interests or property abroad.
Will writing is not a reserved legal activity, so unregulated will writers can also offer it. Using an SRA-regulated solicitor means you have the protection of professional indemnity insurance, the Legal Ombudsman and the SRA Compensation Fund.
Other services
- Lasting powers of attorney for property and financial affairs, and for health and welfare decisions.
- Trusts to protect assets for children, vulnerable relatives or future generations.
- Inheritance tax planning, including the use of gifts, exemptions and the residence nil-rate band.
- Will storage and regular reviews.
When to update your will
Review your will after any major life event. In England and Wales, getting married or entering a civil partnership automatically cancels an existing will, unless the will was made in contemplation of that marriage. Divorce does not cancel a will, but it changes how gifts to a former spouse are treated.
Questions to ask a wills & trusts solicitor
- Do I need a trust, or will a will do the job for my situation?
- How will my plan affect estate or inheritance tax?
- Do you keep the original documents, and is there a charge for updates later?
- What happens to retirement accounts and life insurance that already name beneficiaries?
Frequently asked questions
How much does a solicitor charge for a will?
Many solicitors offer fixed fees for a simple will or for "mirror" wills for couples. More complex wills involving trusts or business assets usually cost more. Ask for the price in writing before you start.
What happens if I die without a will?
Your estate is shared out under the intestacy rules. Unmarried partners inherit nothing automatically, and the result may not be what you would have wanted.
Where should I keep my will?
Keep the original somewhere safe and tell your executors where it is. Many solicitors store wills for free, and you can also register your will's location with a national will register.