Documents Required For Making A Will

Writing a Will is something we should all consider doing at some point in our lives. A Will is a legal document explaining your last wishes and can include whom you would like to leave your assets to, what your funeral arrangements should be and also perhaps setting up trusts for loved ones to ensure their financial security, or instructions to leave something to your favourite charity. In this article, documents required for making a Will, we take a look at the practicalities of making a Will and what documentation is involved.

Free Initial Telephone Discussion

For a free initial discussion on how we can help you create your will, get in touch with us today. We will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure your final wishes are accurately recorded and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or complete our online enquiry form and a member of the team will get back to you.

Is there a recognised standard for writing a will?

In theory, you can write your will on the back of an envelope. However, as it is a legally binding document it must meet certain criteria. It needs to be witnessed and signed by two independent adults and dated. These witnesses cannot inherit anything from your Will or benefit from your Will in any way (although they can act as executors). Your will should also name your executors, who are authorised to gather in your assets and divide them up according to your instructions. This process is known as probate. As long as the executor is not a witness, they can be a beneficiary of the Will.

Writing a Will is a simple process, however, there are some important things you need to have to hand when you are drafting your Will. It will help to have these ready and available to refer to:

• An understanding of where you would like your estate to go (who your beneficiaries are)
• An awareness of the value of your estate (property, savings, personal possessions)
• Names, DOB’s and addresses of beneficiaries and executors
• It should be noted that the Will must be signed and witnessed by an independent person (not a family member).

What documents should you have for making a Will?

In order to write a Will – or take up the role of an Executor for Probate purposes, you will need to prove your identity.

This is because it is a Will writer’s duty to ensure that you are who you say you are when writing your Will and that you are in a position to dictate what should happen with the deceased’s assets after their death in the role of an Executor.

That means proving both your identity and where you live. There are many different ways that you can do this:

Proof of identity

Any of the following are generally acceptable as proof of identity:

• Birth certificate
• Passport
• Driving Licence
• Armed Forces ID card
• Residence permit (for non-EU citizens)
• HM Revenue & Customs Tax Document (such as a self-assessment)
• Firearms Certificate
• Police or other Government Department ID card
• Benefit book or notification letter outlining the right to benefits

 Proof of address

Will writing solicitors will accept any of the following as proof of residency, as long as you haven’t already used them as proof of your identity as well:

• A household utility bill (such as gas and electricity – dated within the previous 3 months)
• Driving Licence
• Bank statement
• Benefit book or notification letter outlining the right to benefits
• House or car insurance certificate
• Council Tax statement
• Local Authority rent card or Tenancy Agreement

With all of these documents, it’s important to remember that you will generally have to produce the originals, rather than copies, so make sure you have your documents in order well in advance of the appointment to make your Will.

What should you include in your Will?

Naming your executor is a good first step. This person will be responsible for winding up your affairs and ensuring the terms of your Will are adhered to. This person can be anyone you trust be it is prudent to select someone you think will probably outlive you.

Your funeral arrangements are essentially the details of how and where you would like to be buried or cremated. You can go into any level of detail you like but whatever you choose make sure your family are aware that this information will be contained within your Will as Wills are often read after a funeral or cremation has already taken place.

Listing your asset. Remember, your assets (property, savings, pensions and other investments, cars, and other personal possessions ) may be different from the time you write your will to the moment you pass away. If you own a property jointly, this will be treated differently than if you own the property in your own name.

If you have young children, you should name a legal guardian. This will be the person who looks after your children if you and the other parent die. Ensure you have spoken to this person in advance of including them in your will as it is a serious commitment.

You should also include a list of the beneficiaries in your Will. This list can be as long or short as you like and can include anyone you would like to leave something to including friends, families and charities. Be mindful that depending upon whom you leave things to, there will be inheritance tax considerations and also remember that because there are different ways gifts are made in a Will, there is an order in which they are paid i.e. some of the beneficiaries might not receive everything you were hoping they would receive.

How we can help

We have a proven track-record of helping clients draft their wills. This includes relatively straightforward estates and also complex estates where assets are held all over the world. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact our Wills and Probate Solicitors

It is important for you to be well informed about the issues and possible implications of writing your Will. However, expert legal support is crucial in terms of ensuring your final wishes are met as you would want them to be.

To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or allow a member of the team to get back to you by filling in our online enquiry form. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in News, Private Client Tagged as