7 things to consider when writing your Will

Wills
2
minute read
August 22, 2024
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Things to Consider Before Writing Your Will

Creating a will is one of the most important steps in ensuring that your assets are distributed according to your wishes after your death. A well-drafted will can prevent disputes among beneficiaries, reduce the complexity of estate administration, and ensure that your loved ones are provided for. If you are considering writing your will in England, here are several key factors to keep in mind:

1. Assess Your Assets and Liabilities

Before you start drafting your will, it’s crucial to take stock of all your assets and liabilities. This includes real estate, savings, investments, pensions, and personal possessions like jewellery or vehicles. You should also account for any debts, such as mortgages, loans, or credit card balances, as these will need to be settled from your estate. Knowing the value of your estate will help you make informed decisions about how to allocate your assets among your beneficiaries.

2. Decide on Your Beneficiaries

Deciding who will benefit from your estate is one of the most personal and important decisions you’ll make. Beneficiaries can include family members, friends, charities, or other organisations. It’s important to consider the specific needs of each beneficiary. For instance, if you have young children, you may wish to set up a trust to manage their inheritance until they reach adulthood. Additionally, you should consider the possibility of future changes in your circumstances, such as the birth of a new child or grandchild, and how these might impact your choices.

3. Choose Your Executors Carefully

Executors are the individuals responsible for administering your estate according to the terms of your will. This role involves a significant amount of responsibility, including valuing the estate, paying off any debts, and distributing assets to beneficiaries. It’s essential to choose executors who are trustworthy, organised, and capable of handling complex financial matters. You may also wish to appoint more than one executor to share the responsibilities, which can provide a balance of skills and reduce the burden on any one person.

4. Guardianship Provisions for Minor Children

If you have children under the age of 18, it’s essential to consider who would take care of them in the event of your death. Appointing a guardian in your will ensures that your children will be looked after by someone you trust. Discuss your decision with the person you wish to appoint to ensure they are willing and able to take on this responsibility. Without a will, the courts will decide who becomes the guardian, which may not align with your wishes.

5. Plan for Digital Assets

In today’s digital age, many people overlook the importance of including digital assets in their wills. Digital assets can include online banking accounts, social media profiles, digital photos, and cryptocurrencies. It’s important to make provisions for how these assets should be managed after your death. You might need to leave instructions for accessing your digital accounts or specify who should take control of them. Ensure your executors are aware of your digital assets and have the necessary access to manage them.

6. Consider Funeral Wishes

While not legally binding, it’s common to include your funeral wishes in your will. This might cover whether you prefer burial or cremation, the type of service you would like, or even specific details about music, readings, or flowers. Communicating these wishes in your will can help your loved ones during a difficult time by providing clear guidance on how you would like to be remembered.

7. Communicate Your Wishes

Finally, it’s important to communicate your wishes to your loved ones and executors. While the contents of your will can remain confidential, discussing your general wishes can prevent misunderstandings and disputes after your death. This can be particularly important if you anticipate that certain decisions may cause tension among beneficiaries.

5-Step To-Do List Before Writing Your Will

  1. Evaluate Your Estate:
    • Make a detailed list of all your assets and liabilities to understand the value of your estate.
  2. Determine Your Beneficiaries:
    • Decide who will inherit your assets, considering both current needs and potential future changes.
  3. Select Your Executors:
    • Choose trustworthy and capable individuals to manage your estate, considering appointing multiple executors.
  4. Appoint a Guardian for Minor Children:
    • Decide who will care for your underage children, and confirm their willingness to take on this role.
  5. Include Digital Assets and Funeral Wishes:
    • Plan for your digital assets and communicate your funeral preferences in your will.

What to Do Next

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