Will Guidance and Questions

Why do I need a Will?

Without a Will, you have no say over who deals with your estate or who receives it.

A Will allows you to decide who you want to benefit, who should deal with your affairs after your death and what should happen if one of your chosen beneficiaries dies before you.

It can also allow you to make arrangements for children and appoint the people you would want to act as their guardians.

Do I need a Will if I do not have much money?

A Will is not only about money. You may have personal possessions you want to leave to particular people, and you may want to decide who should deal with your estate. If you have children, a Will can also be important when considering guardianship arrangements.

What can I include in my Will?

A Will can deal with how your estate is to be distributed and who you want to appoint to deal with it. Depending on your circumstances, it may also include gifts of particular possessions and other provisions.

Can I include funeral wishes?

You can record funeral wishes in connection with your Will. However, practical arrangements after a death may need to be made quickly, so it is sensible to make sure the people close to you are also aware of any important wishes.

What happens if I die without making a valid Will?

If you die without a valid Will, the law decides who is entitled to inherit your estate under the rules of intestacy.

This may not be the people you would have chosen. Depending on who survives you, your estate may pass to your spouse or civil partner, children, parents, brothers or sisters, grandparents, or more distant relatives.

An unmarried partner does not automatically inherit under the intestacy rules. If there are no relatives entitled to inherit, the estate can ultimately pass to the Crown.

Find out more about making a Will and intestacy on GOV.UK

What happens to the person dealing with my estate?

When you make a Will, you can appoint an executoriAn executor is the person you appoint in your Will to deal with your estate and carry out the Will's instructions. The older term executrix was traditionally used for a female executor.. If there is no Will, there is no executor appointed by you. An eligible person may instead apply for the authority needed to administer the estate. If appointed under the appropriate legal process, that person is generally referred to as an administrator.

Does every estate without a Will “go to probate”?

People often use the word “probate” to describe the whole process of dealing with an estate, but there is an important distinction. Where there is a Will and an executor obtains the relevant authority, the grant is commonly called a Grant of Probate. Where there is no Will, the authority is generally obtained through Letters of Administration. Whether a grant is needed can depend on the circumstances and assets involved.

What are Mirror Wills?

Mirror Wills are two separate Wills prepared to mirror each other. They are usually almost identical, apart from the necessary personal details and any limited individual differences.

A common arrangement is for each person to leave their estate to the other and, if both have died, for the estate to pass to the same chosen beneficiaries.

Are Mirror Wills one joint Will?

No. Mirror Wills are two individual and separate legal documents. Each person has their own Will.

Are Mirror Wills the same as Mutual Wills?

No. Mirror Wills should not automatically be confused with Mutual Wills. Mutual Wills are a different and more specialised legal concept. The Wise Wills Mirror Will service is intended for two separate Wills that mirror each other.

Who acts as executor and main beneficiary in Mirror Wills?

In a typical Mirror Will arrangement, each person usually appoints the other as their main beneficiary and executor. This means that if one person dies first, the surviving spouse or partner would normally inherit under the Will and deal with the deceased person's estate.

The Wills can also provide for other, joint or substitute executors to act if necessary, and for what should happen to the estate after the second person has died.

Can Mirror Wills be changed later?

Yes. Mirror Wills are two separate Wills. Each person can normally change or replace their own Will if their circumstances or wishes change.

Do I have to name all of my children individually?

No. Depending on your wishes and the wording used, a Will may refer to a group such as “my children” rather than naming every child separately.

Every family is different. If you have a blended or joined family, it is important to make clear exactly who you intend to include. A reference to “my children” may not automatically include stepchildren who have not been legally adopted by you.

If you would prefer particular children or other family members to be individually named or expressly included, you can choose to do so. If you are unsure, explain your wishes during the drafting process and ask us any questions before approving your final Will.

Can I appoint a guardian for my children in my Will?

If you have parental responsibility for a child, you can appoint a guardian in your Will.

However, appointing someone as a guardian does not simply allow you to transfer your parental responsibility to another person or take it away from a surviving parent who has parental responsibility.

If the other parent survives you and has parental responsibility, they will continue to have parental responsibility for your child. The effect of a guardian appointment can depend on the circumstances, including whether anyone else has parental responsibility.

Appointing a guardian can be particularly important where there is no surviving parent with parental responsibility. It is also an opportunity to record who you would wish to care for your child if circumstances required arrangements to be made.

Choosing a guardian is an important decision. You may want to consider whether the person would be willing and able to take on that responsibility and discuss your wishes with them.

Find out more about parental responsibility on GOV.UK

Can I leave something to my children or grandchildren?

Yes. You can choose to leave money, property or a share of your estate to your children, grandchildren or other people you choose.

You can also decide what should happen if they die before you and, where appropriate, make arrangements for a younger beneficiary who is not yet old enough to receive their inheritance directly.

In England and Wales, a person generally becomes legally entitled to inherit at 18, although a Will can make different arrangements for when an inheritance is to be received.

What if someone named in my Will dies before me?

You can decide what you would like to happen if someone you have chosen to benefit dies before you.

For example, if you leave part of your estate to one of your children and they die before you, you may want their share to pass to their children — your grandchildren. Alternatively, you may prefer their share to be divided between your other beneficiaries.

Your Will allows you to make that choice in advance.

Can I make a UK Will if I live outside the UK?

Living outside the UK does not, by itself, mean that you cannot make a Will dealing with your UK affairs. However, the law that applies to a Will can depend on where you live, the location and nature of your assets and your wider circumstances.

For someone who lives abroad but retains a home, bank account, investments or other assets in the UK, it can be sensible to consider whether a UK Will is appropriate alongside any arrangements made in the country where they live.

What if I live abroad but own property or other assets in the UK?

A person living abroad may still have assets in the UK that need to be dealt with after their death. The location of an asset and the law applying to succession can matter, so a Will should be prepared with the person's full circumstances in mind.

If you have a UK property or other significant UK assets and permanently live abroad, you may need professional advice about the interaction between UK law and the law of the country where you live. GOV.UK specifically advises seeking professional advice where a person's permanent home is outside the UK or where there is overseas property.

Do I need a UK Will for my UK assets?

That depends on your circumstances. A UK Will may be useful for someone living overseas who retains assets in the UK, but it should not be assumed that one Will automatically deals with every asset or every country involved.

Where you have assets in more than one country, or already have a Will in another country, it is particularly important to consider how the documents and the laws affecting them fit together before making changes.

Can Wise Wills help someone who lives overseas?

Wise Wills was originally established with an information-and-advice approach and has historically helped people living outside the UK who retained assets in the UK. We can explain the Wise Wills process and the information we need, but straightforward online Will-writing should not be treated as a substitute for specialist cross-border legal or tax advice.

GOV.UK advises getting professional advice where your permanent home is outside the UK. This can be particularly important where you have foreign assets, an existing foreign Will, complex family circumstances or questions about tax and succession.

What about Inheritance Tax if I live abroad?

Inheritance Tax rules for people living outside the UK are more complicated than simply looking at where a person lives. From 6 April 2025, the rules use a long-term UK residence test for many purposes, and UK assets can remain within the scope of UK Inheritance Tax for someone based abroad.

This is an area where individual circumstances matter. Wise Wills information should not be relied on as personal tax advice. For current Inheritance Tax rules, see the relevant GOV.UK guidance for people based outside the UK.

Is a draft Will legally valid?

No. A draft Will is a working document sent to you so that you can check all personal details and consider the contents, make alterations or ask questions.

The draft does not include the final signing and dating provisions and is not available to be signed or used as your completed Will. Those provisions are included only when the final Will has been prepared following your approval and instructions.

When does my Will become legally valid?

Preparing the document is not the final step. The completed Will must be signed and witnessed in accordance with the legal requirements that apply to it. You should follow the specific signing instructions supplied with your completed Will.

Who can witness my Will?

Your Will must be witnessed in accordance with the signing instructions provided with your completed Will.

Your witnesses should be independent of the contents of your Will. They should not be a person receiving a gift or benefit under it, or someone whose entitlement could be affected by acting as a witness.

Your witnesses do not need to know what is in your Will. They simply need to be aware that it is your Will and follow the required signing procedure.

Two witnesses can be married to each other. Friends, neighbours or work colleagues may often be suitable, provided they are independent of the Will and meet the requirements set out in the signing instructions.

Does a witness need to know what is in my Will?

A witness does not normally need to know the contents of the Will. Their role concerns the witnessing of the signing process rather than approving or understanding the gifts you have made.

Can witnesses be married to each other?

Yes. Two witnesses can be married to each other, provided neither witness, nor their spouse or civil partner, is receiving a gift or other benefit under the Will.

The witnesses must otherwise meet the requirements for witnessing a Will. Follow the specific signing instructions supplied with your completed Will.

Can I change my Will after it has been signed?

You must not mark, write on or otherwise alter your signed Will. Marking or altering a signed Will can affect its validity and may cause serious difficulties when the Will is dealt with after your death.

If you want to make a change, a new Will may be prepared to replace the existing Will or, in some circumstances, a properly prepared Codicil may be appropriate.

What is a Codicil?

A Codicil is a separate document used to make a change to an existing Will. It must be properly prepared and signed.

At Wise Wills, the price of preparing a Codicil is the same as the price of preparing a new Will. In many cases, preparing a new Will is therefore the simpler and clearer option.

How can a Will be revoked?

A Will can be revoked in a number of ways. For example, marriage will normally revoke an existing Will, unless the Will was made in contemplation of that particular marriage.

Deliberately tearing up a Will will revoke it. Making, signing and dating a new Will will also revoke any previous Will.

You should therefore take care of the original signed Will and avoid marking, writing on or otherwise altering it.

When should I review my Will?

You should review your Will when important circumstances change. For example:

• you get married or divorced;
• you have children or grandchildren;
• someone named as an executor or beneficiary dies;
• your financial circumstances change significantly; or
• your wishes about who should inherit change.

Where should I keep my original Will?

Keep the original in a safe place and make sure the people who may need it know where it can be found. A copy can be useful for your own records, but it should be clearly identified as a copy.

Should I attach documents or make marks on my signed Will?

Once your Will has been completed and signed, you should avoid making informal alterations or attaching unrelated items to the original document. If you want to make changes, consider whether a new Will or other properly prepared document is appropriate.

How long does my Will remain valid?

A Will can remain effective until it is revoked or replaced, but significant changes in your life or the law can affect whether its provisions still achieve what you want. Reviewing it from time to time is sensible.