Making a Will for the First Time: What to Expect

A will is one of the most important documents you will ever sign. Without one, the law decides how your estate is distributed after you die, and that may not reflect your wishes at all. Even if you feel your affairs are simple, a will gives you control, protects the people you love, and can help reduce stress for your family at an already difficult time.

Many people put off making a will because it feels complicated or because thinking about death is uncomfortable. In practice, the process is usually much simpler than people expect, and most people feel a real sense of relief once it is done.

Before you sit down with a solicitor, it helps to have a rough idea of the following things. You do not need to have every detail finalised, as your solicitor will guide you through the rest.

• Your assets. Think about what you own, including property, savings, investments, vehicles, and personal possessions of value.
• Your beneficiaries. These are the people or organisations you want to leave things to. You can leave specific items or sums of money to particular people, and the remainder (known as the residue) to others.
• Your executor. This is the person who will carry out the instructions in your will. It is usually a trusted family member or friend, though you can also appoint a professional such as a solicitor.
• Guardians for children. If you have children under 18, you should consider who you would want to look after them if both parents were to die.
• Any specific wishes. This might include funeral preferences or gifts to charity.

It is worth jotting down a few notes before your appointment so nothing important is overlooked.

Your first meeting with a solicitor is a chance to talk through your circumstances and wishes in a relaxed, confidential setting. There are no right or wrong answers, and a good solicitor will listen carefully and ask questions to make sure your will accurately reflects what you want.

The solicitor will explain any legal terms in plain English and flag up things you may not have considered, such as what happens if a beneficiary dies before you, or how to protect an inheritance for a young person. They will also check that you have the mental capacity to make a will and that you are not being pressured by anyone, as these are legal requirements.

After the appointment, the solicitor will draft the will and send it to you to review. Once you are happy with it, you will need to sign it in the presence of two independent witnesses who also sign it. This formal signing is what makes the will legally valid.

It is completely normal to have questions when making a will for the first time. Here are a few things people often ask.

• Can I change my will later? Yes. You can update your will at any time by making a new one or by adding a formal amendment called a codicil. It is good practice to review your will after major life events such as marriage, divorce, or the birth of a child.
• Does marriage affect my will? In England and Wales, getting married automatically revokes any existing will, so this is something to be aware of if your circumstances change.
• Where should I keep my will? Your solicitor can store the original on your behalf, which means it is safe and easy for your executor to locate when needed.
• Do I need a solicitor, or can I do it myself? While DIY wills exist, errors in wording or signing can make a will invalid or create unintended consequences. A solicitor helps you get it right first time.

Some situations call for a little more thought, though they are still very manageable with the right advice. For example, if you own property jointly, run a business, have children from a previous relationship, or want to provide for someone who depends on you financially, your solicitor will make sure your will accounts for these factors properly.

Similarly, if inheritance tax could be a consideration for your estate, your solicitor can flag this and suggest whether specialist tax planning advice might be useful alongside your will.

Making a will is one of the kindest things you can do for the people you care about. It removes uncertainty, avoids potential disagreements, and means your wishes are clearly recorded and legally binding.

Every person's situation is different, so the best way to understand what your own will should cover is to speak with a solicitor who can give you advice tailored to your circumstances. The team at SBB Solicitors is ready to help you feel informed and at ease throughout the process. Get in touch with us today to arrange a conversation about making your will.