Making a will

Making a will is one of the kindest and most sensible things you can do, and yet it is something a great many people never quite get round to. A will makes sure that what you leave behind goes to the people, and the causes, that you choose, and it spares your family a great deal of worry and expense at what will already be a hard time. It need not be complicated or costly. This page explains why a will matters, how to make one, and where to get help.

Why making a will matters

Without a will, you have no say over who inherits what, who sorts out your affairs, or how your wishes are carried out. With one, you can choose exactly who receives your money, your home and your possessions, leave particular gifts or keepsakes to the people who would treasure them, remember a charity close to your heart, and set out your funeral wishes. It puts you in control, and it makes everything far simpler for those you leave behind.

What happens if you do not have a will

If you die without a will, the law decides who inherits, through what are called the rules of intestacy, and the result is often not what people expect. An unmarried partner, however long you have been together, inherits nothing automatically, and nor do stepchildren you may have raised as your own. Even for married couples, it may not all pass to your husband or wife: if you have children, your spouse receives your personal possessions, the first £322,000, and half of the rest, with the other half going to your children. It can also take longer, cost more, and occasionally cause painful family disagreements, all of which a will helps to avoid.

What to think about first

Before you make a will, it helps to jot down a few things: roughly what you own, as your home, savings and possessions make up what is called your estate; who you would like to benefit; whether there are any particular gifts you want to leave; whether you would like to remember a charity; and who you would trust to carry it all out, known as your executors. Your executors can be family, friends, or a professional such as a solicitor, and it is wise to name more than one.

How to make a will, and what it costs

For most people, the safest way is to use a solicitor, particularly if your affairs are at all involved, such as owning property, having been married more than once, or wanting to keep inheritance tax down. A straightforward will from a high-street solicitor is often very affordable, and many offer a fixed price so you know the cost in advance. There are also charity schemes, such as Will Aid and Free Wills Month, that let you have a simple will written free or for a donation at certain times of the year. Cheaper will-writing services and do-it-yourself kits do exist, but do take care, as a small mistake can make a will invalid or unclear. Whichever route you choose, a will must be signed and properly witnessed by two adults who are not beneficiaries, or it will not be valid. Our guide on free and low-cost legal advice points you to where to find help.

Remembering a charity

Many people choose to leave a gift in their will to a cause that has meant something to them. Any gift to charity is free of inheritance tax, and even a small legacy can make a real difference. If our work here at BrightLife, supporting older people right across the area, is close to your heart, a gift in your will would be a wonderful and lasting kindness, though of course there is never any obligation at all.

A word on inheritance tax

Most estates pay no inheritance tax whatsoever, as nothing is usually due on the first £325,000, with a further allowance of up to £175,000 if you leave your home to your children or grandchildren. Anything you leave to a husband, wife or civil partner, or to charity, is free of tax. If your estate is larger, or your affairs are complicated, it is well worth taking advice, as careful planning can save your family a good deal.

Keeping your will safe and up to date

Once your will is made, keep it somewhere safe, whether with your solicitor or a will storage service, and make sure your executors know where to find it. Do look at it again after any big change in life, such as buying a home, a birth, a death, or a divorce. One thing catches many people out: in England, getting married automatically cancels any earlier will, so if you marry or remarry, you will need to make a new one. Small changes can be made with an addition called a codicil, but for anything major it is best to make a fresh will, and never write on the original.

Planning ahead more widely

A will deals with what happens after you are gone, but it is also worth thinking about decisions that might need making during your lifetime. Our guide on Lasting Power of Attorney explains how to appoint someone you trust to act for you if you ever could not, and our guide on bereavement and funeral costs may be helpful too.

Where to get help, locally and nationally

Close to home, across Chesterfield, Bolsover and North East Derbyshire:

• Derbyshire Law Centre, on 0800 707 6990, for free legal advice if you live in Derbyshire.
• Derbyshire Carers Association, on 01773 833833, which runs a free legal clinic covering wills.
• Citizens Advice, for free, impartial guidance. For Bolsover and North East Derbyshire, call 0808 250 5702.

Across the country:

• The Law Society's Find a Solicitor service, and Solicitors for the Elderly, to find a solicitor near you.
• Will Aid and Free Wills Month, for help with the cost of a simple will.
• MoneyHelper, on 0800 138 7777, for free guidance on wills and estates.