Step by Step guide on how to create a Will

You now need to think about what to put in your own Will. The easiest way to do this is to get a pen and some blank paper and to work your way through the following steps.

Step by step

Step 1 – Make a list of your assets and debts

It’s important to make sure that your Will accurately reflects what you have to give away. This means you should first take some time to identify all of your assets and debts. Your debts will not die with you. Your executor will still have to pay for them out of the assets you leave behind. These debts might be small (such as your electricity bill) or large (like your mortgage).

Step 2 – Choose your Executor(s)

The administration of a deceased’s person’s estate can be complicated. You can choose any person (who is 18 years of age or older), including professionals such as a lawyer or a trustee company to act as your executor. Professional Executors will normally charge a fee for acting as such and you should confirm details of these before appointing them. Depending upon circumstances, many people simply appoint one (or more) of their beneficiaries or family members instead. Often your principal beneficiary such as your spouse or one of your adult children would be suitable. It would then be open to that beneficiary to appoint a lawyer to advise them in relation to the administration of your estate if they wish.
You should choose someone who you can trust to look after things responsibly for you when you die. It is always best to choose someone who is willing to take on the responsibility. You should not appoint someone who is likely to die before you do. You should confirm with them prior to executing the Will that they are happy to act as Executor.
Your Will has been clearly drafted to allow you to nominate an alternative executor if your preferred executor (s) die before you do.

Step 3 – Choose your guardian (s)

If you presently have any minor children (who are under 18 years of age) or if it is likely that you may have minor children in the future, or other dependants who lack legal capacity for example due to disability you should choose someone to take responsibility for them should you and their other natural parent both die. Natural parents usually have custody of their own children. This means that if one parent dies then the other will usually carry on custody by default. If you are separated or divorced from the other natural parent, and you die, the other natural parent will ordinarily receive automatic guardianship (even if you nominate your current spouse as guardian in your Will).
You should carefully ensure that the person (s) you nominate both want responsibility and have the capability. You should also consider your children’s wishes.
Your Will has been clearly drafted to allow you to nominate an alternative guardian if your preferred guardian (s) die before you do.

Step 4 – Give your funeral directions and any organ donation request

You can use your Will to state your preferred funeral arrangements and to give any other instructions. This can relieve your family members or others from making a decision as to whether you are buried, cremated or to have your body organs donated. However, your executor will have the final say in the event of the dispute.

Step 5 – Make a list of your beneficiaries and any specific gifts including cash gifts

You need to decide which beneficiaries will get specific gifts (if you intend to make any) and which will share in your residuary Estate.
You should obtain expert legal advice if you wish to leave any dependants or close family members out of your Will (or if you wish to leave them less than they are likely to expect to receive from you). This is because they could bring a Court challenge to have your Will varied.
To help your executor locate beneficiaries you should describe them as fully as possible in your Will. You should try to include details such as their full name and address; relationship to you (e.g. son/next door neighbour); date of birth and occupation.
Your Will has been clearly drafted to allow you to nominate an alternative beneficiary if your preferred beneficiary (/ies) die before you do.

Step 6 – Select your witnesses

You must sign and date your Will in the presence of two witnesses who are each aged 18 years or older and have full legal capacity, including mental capacity. Their role is to be contacted (if needed) after you die to confirm they saw you sign your Will. Your witnesses do not need to know what is written in your Will. You are not obliged to show its contents to them. You should choose witnesses who are likely to live longer than you and who are likely to reside in the same place for some time. This will make it easier for your executor to find them, if required.
Your witnesses must sign the Will in each other’s presence and in your own presence.

Step 7 – Consider the survivorship and simultaneous death clause

Your Will includes a simultaneous death clause to protect your Estate from being passed to another deceased Estate should any of your beneficiaries die, either with you or, within a set period afterwards. The usual period is 28 days. This clause will help your executor avoid unnecessary legal costs and delays in administering your Estate.

Do you have any questions?

If you have been chosen as a Will Executor and require additional information, please visit our contact page or give us a call at the House Of Wills Stockton-on-Tees office today and we will be happy to provide our assistance.