Frequently Asked Questions
For a fuller collection of questions and answers about making a Will, visit our Will Guidance and Questions page. This page answers a few questions specifically about the Wise Wills service.
- Is Wise Wills simply a document template?
- No. Wise Wills is designed as a personalised service. Your instructions are used to prepare a draft which you can check before the final document is prepared.
- Can I change the draft?
- Yes. The draft stage is specifically intended to allow you to check personal details, suggest alterations and raise questions.
- When do I pay?
- The intended live process is to complete and review your instructions first, then proceed to secure payment before the case enters the preparation workflow.
- Does receiving my Will make it legally valid?
- No. The completed Will must be signed and witnessed correctly. Separate guidance is provided with the final document.
- Can any two people act as witnesses?
- Witnesses must meet the legal requirements. In particular, you should not leave them, or their married partners, anything in your Will.
- Can an executor also be a beneficiary or trustee?
Yes. It is common for someone to appoint a person as an executor of their Will and also leave them something from their estate — or even leave them the whole estate, after any debts, expenses and other obligations have been dealt with.
An executor can also act as a trustee where the Will creates a trust or gives property to trustees to manage. The same person may therefore be an executor, beneficiary and trustee.
For example, a husband or wife, civil partner, adult child or other relative may carry out more than one of these roles.
- What if my circumstances are complicated?
- A straightforward online service may not be suitable. If specialist issues arise, we may recommend seeking appropriate specialist advice.
- Will my information stay online forever?
- No. The planned system is based on retaining working information only for as long as necessary under the service and documented retention arrangements.
- What are Mirror Wills?
- Mirror Wills are two separate Last Wills and Testaments — one for each person. They usually contain similar or corresponding instructions, but each Will is a separate legal document. Each person must check, sign and have their own Will witnessed correctly in accordance with the signing instructions provided.
Do unmarried partners have the same inheritance rights as married couples?
No. Living together does not, by itself, give unmarried partners the same inheritance rights as married couples or civil partners. In England and Wales, an unmarried partner does not automatically inherit under the intestacy rules simply because the couple lived together. If you want an unmarried partner to inherit from your estate, making a Will can therefore be particularly important.
Jointly owned property can be different. Having a joint mortgage does not, by itself, determine who inherits the property. What matters is how the property is owned. If it is owned as joint tenants, the deceased owner's interest normally passes automatically to the surviving owner. If it is owned as tenants in common, the deceased's share forms part of their estate and can pass under their Will or, if there is no Will, under the intestacy rules.
If you are unsure how your home is owned, or your circumstances are more complicated, you should consider obtaining appropriate professional advice before proceeding.
For independent information, see GOV.UK: Joint property ownership ↗.