Top questions about writing a will

What happens if you die without a will?

When someone dies without writing a will, their estate is shared out following the rules of intestacy. These are a set of traditional laws that define where your estate goes if you die without a will – otherwise known as dying 'intestate'.

If you're married or in a civil partnership and don't have any children, your partner will inherit everything you own except jointly owned accounts and property. If you also have children, your partner will get the first £270,000 plus 50% of anything that remains – the other 50% will then be shared equally between your children. If you're unmarried and don't have children, things can be a little more complicated.

You can find out more about what happens if you die without a will here.

What should you put in your will?

Writing a will gives you the chance to set out your wishes for what should happen when you die. This includes everything from appointing executors of your will to setting out how you want to divide up your estate.

When you write a will with Farewill, you also have the option of appointing guardians for your children and leaving gifts, messages and funeral wishes for your friends and family.

Find out more about what to put in your will here.

How do you choose guardians for your children?

A legal guardian only takes effect if there are no surviving parents or adults with parental responsibility. Popular choices for legal guardians include the children’s grandparents, aunties and uncles, or the parents of their close friends.

When choosing guardians, it's also worth thinking about whether your children would be able to go to the same school or keep up their favourite hobbies. After all, this kind of consistency could be really important if something ever happened to you.

Read more about how to appoint a legal guardian in your will here.

How do you choose who inherits your estate?

Most married couples, civil partners and long-term partners choose to leave the bulk of their residuary estate to their partner. This is usually due to shared responsibilities like bringing up children or paying a mortgage where your partner would rely on your financial support.

If you’re a parent but don’t have a partner, you may wish to share your estate between your children. Anything left to children under 18 will usually be held by your executors until they reach adulthood. Your executors can choose to transfer the gift to the child’s parent or guardian for safekeeping at their discretion, or to use it for the child’s benefit before they reach 18.

Read more about how to choose who inherits your estate here.

What is an executor and how do you appoint them?

An executor of a will is somebody you nominate to carry out the wishes left in your will. They could be a friend, family member or a professional – the most important thing is that they feel comfortable and confident administering your estate.

When you write a will with our online will writing service, appointing your executors is easy. Whether you choose friends, family, Farewill Trustees or a combination of all three, you can do so in just a few clicks.

Find out more about choosing executors in your will here.

How do you update or amend a will?

If you already have a will from a solicitor or another provider, there's a high chance that they'll ask you to pay if you want to change or update it. In some cases, this could end up costing over £150 – and you still won't have an easy way to update it in the future.

If your old will is out of date, you could make a new will for just £90 by using Farewill’s online will writing service. This would then allow you to update your will anytime in the future for just £10 a year – free for the first year. And remember: once you’ve printed and signed your new will alongside two witnesses, it’s important that you dispose of your old will to avoid confusion for your executors.

Read more about how to update or amend a will here.

How much inheritance tax will I have to pay?

The inheritance tax rate for 2019/20 is £325,000 – this is also known as the nil rate band. If your estate is worth more than £325,000, you will usually have to pay 40% on everything over the nil rate band. However, if you're married or in a civil partnership and your partner is domiciled in the UK, anything you leave to your partner will be tax free, regardless of the size of your estate.

In this scenario, your partner would also inherit 100% of your £325,000 tax allowance, giving them a total allowance of £650,000. Your partner could then leave behind an estate up to the value of £650,000 without having to pay any inheritance tax.

Read our free guide on how to avoid inheritance tax here.

How much does it cost to write a will?

On average, it costs around £150 to write a will in the UK. At Farewill, we charge just £90 for a single will or £140 for a couples will. And with our unlimited update service, you can make changes to your will anytime for just £10 a year.

Is a will legally binding?

To make your will legally binding you need to make sure it’s signed alongside two witnesses. It’s really important that both witnesses watch you sign your will at the same time, then they also need to add their own details and signatures. This is so that, if your will is ever contested in the future, your witnesses can testify that they watched you sign your will.

How do I get people to witness my will when I'm self-isolating?

If you are self-isolating but need people to witness and sign your will, it’s incredibly important that you don’t put it off. To get around this, you could arrange for both of your witnesses to watch through a closed window as you sign your will – it’s important that they’re present at the same time for this.

Then, after ensuring that your witnesses have recently sanitised their hands, you can pass your will through your letterbox. You’ll then need to return to the window to watch them both add their details and signatures to your will – ideally, they should use their own pens for this.

After sanitising their hands again, they can return the will to you through the letterbox, allowing you to put it away somewhere safe.

You can find out more about how to get your will witnessed when you're self-isolating here.

How can I find a will solicitor during the coronavirus lockdown?

If you’re only looking for a simple, straightforward will, our online will writing service should cover everything you need. But if your situation is more complex – for example, if you require specific advice on estate planning and inheritance tax – our telephone service may be a better option.

To speak to a will specialist today, please call us on 020 8050 2686. We can talk through your situation, answer any questions you have and provide you with a free quote over the phone. If you’re happy to proceed with our service, we’ll arrange a follow-up call with a will writer at a time that’s convenient for you.

Can I make a will over the phone instead?

Yes. We also offer a telephone wills service at Farewill. This is perfect for anyone who doesn't have an email address or would simply prefer to speak to a specialist. To find out more, or for a free quote, give us a call on 020 3318 8647.