Preparing for Your Will Appointment
A practical guide to help you get ready for your Will appointment.
Making a Will is one of the most important steps you can take to protect the people and causes that matter to you. A well-prepared Will records your wishes, appoints people to deal with your estate and can help reduce uncertainty for your loved ones in the future.
This guide explains how to prepare for your appointment with us and some of the matters we are likely to discuss together.
Before your appointment
There is no need to have every decision made before we meet. However, gathering the following information will help us understand your circumstances and provide clear, tailored advice.
Personal details
Please have available:
- Your full legal name and any other names under which assets are held.
- Your address and date of birth.
- Your marital or civil partnership status.
- Details of any intention to marry or enter into a civil partnership.
- Information about any previous marriages, civil partnerships, divorces or name changes.
Family information
We will need details of:
- Your spouse, civil partner or partner.
- Any children, stepchildren or dependants.
- Anyone else you may wish to benefit.
- Any family relationships that have broken down or where there has been a period of estrangement.
Assets
A broad overview of your assets is helpful, including:
- Property.
- Bank and savings accounts.
- Investments.
- Business interests.
- Valuable personal possessions.
- Pensions and life policies.
- Digital assets such as online accounts and cryptocurrencies.
Approximate values are usually sufficient.
Liabilities
Please tell us about any significant debts, including:
- Mortgages.
- Loans.
- Guarantees.
- Other financial commitments.
Existing documents
If available, please bring copies of:
- Any existing Will or Codicil.
- Trust documents.
- Pre-nuptial or post-nuptial agreements.
- Partnership or shareholder agreements.
- Lasting Powers of Attorney.
Overseas connections
Let us know if you:
- Own assets abroad.
- Have foreign citizenship.
- Have lived overseas for a significant period.
- Have made a Will in another country.
If you have a foreign Will, please provide a copy if possible.
Things to think about before we meet
Who would you like to act as your executors?
Executors are responsible for administering your estate after your death. Their role may include dealing with assets and liabilities, obtaining probate, paying tax and ensuring your wishes are carried out.
We generally recommend choosing people who are trustworthy, organised and likely to be willing and able to take on the role. These may be family members, friends or professional executors. It is also sensible to consider substitute executors in case your first choice is unable to act.
Who would you like to benefit from your estate?
You may wish to think about:
- Specific gifts of money or personal possessions.
- Gifts to charities.
- Who should receive the remainder of your estate.
- What should happen if one of your beneficiaries dies before you.
During our meeting, we will also discuss whether there is anyone who might expect to benefit from your estate but whom you do not wish to include, or whom you wish to benefit differently. This allows us to advise you about any potential risks and discuss whether additional documentation, such as a Letter of Wishes or Letter of Reasons, may be helpful.
Should any gifts be held in trust?
A trust may be appropriate if a beneficiary is:
- Young.
- Vulnerable.
- Likely to need assistance managing money.
- Intended to receive their inheritance only after reaching a certain age.
Trusts can provide protection and flexibility, although they can also create ongoing administrative and tax considerations. We will explain the options and help you decide what is most appropriate for your circumstances.
Who would care for your children?
If you have children under 18, you may be able to appoint guardians to care for them if there is no surviving person with parental responsibility able to do so.
We recommend speaking with any proposed guardians before appointing them and considering substitute guardians as well.
Do you have funeral wishes or other personal requests?
You can include funeral wishes in your Will. However, these are not legally binding and there is always the possibility that your Will may not be read before arrangements are made.
For that reason, it is often sensible to discuss your wishes with your family and close friends as well.
We do not recommend including passwords or sensitive security information in your Will.
What will happen at the meeting?
Our role is to understand your wishes, explain the available options and advise you on any legal or tax considerations that may be relevant.
We are likely to discuss:
- Your family circumstances.
- Your finances and assets.
- Your wishes for your estate.
- The suitability of your proposed executors, trustees and guardians.
- The effects of marriage, civil partnership, divorce or separation on your Will.
- Any potential claims that could arise against your estate.
- Whether inheritance tax planning or specialist advice may be beneficial.
It is quite common for us to ask to speak with you alone during part of the meeting, even if a relative or friend accompanies you. This is simply good practice. It helps us confirm that your instructions reflect your wishes and that nobody is placing you under pressure.
There is no need to feel nervous. We are here to help, guide and support you through the process. If you require communication support, accessible documentation or an interpreter, please let us know before your appointment and we will do our best to assist.
After your appointment
Once we have taken your instructions, we will prepare a draft Will for you to review.
Please read it carefully and check:
- Names and addresses.
- Gifts and beneficiaries.
- Executors and other appointments.
- Any specific wishes or provisions.
If anything is unclear, or if your circumstances change, please let us know as soon as possible.
Your Will only becomes legally effective once it has been signed correctly. We will provide detailed guidance on the signing process and it is important that those instructions are followed carefully.
In England and Wales, a Will is normally signed in the presence of two witnesses who are present at the same time. Beneficiaries, and their spouses or civil partners, should not act as witnesses as this can affect any gift made to them.
Once signed, the original Will should not be altered, marked or have documents attached to it, as this could affect its validity.
Keeping your Will up to date
A Will should be reviewed regularly and whenever there is a significant change in your circumstances, such as:
- Marriage or entering into a civil partnership.
- Divorce or separation.
- The birth or adoption of a child.
- A death in the family.
- Significant changes in assets or finances.
- The purchase, sale or growth of a business.
- A move abroad.
Rather than making handwritten changes to an existing Will, please contact us so that we can advise whether a new Will or Codicil is required.
One final point
A Will only takes effect after your death. It does not allow someone to make decisions on your behalf during your lifetime if you lose mental capacity.
As part of your wider estate planning, we can also advise you about Lasting Powers of Attorney for both property and financial affairs and health and welfare.
Important: This guide provides general information for clients in England and Wales. It is not a substitute for advice tailored to your individual circumstances.
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