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What is a Will

A Will is a document which takes effect only on the occasion of death and can be changed at any time during your lifetime provided you retain capacity. An existing Will should never be amended by writing on it or attaching another document or letter to it. A Will should always be reviewed and a new one executed or a Codicil completed whenever there is a change in your personal, property or financial circumstances.

How long should it take to complete my Which? Will online?

You should set aside an hour for this task. You may complete it sooner.

Will the phone line give me specific legal advice or inheritance tax advice?

No the Solicitors that you ring will help you in questions in completing the will questionnaire but will not be I a position to give specific legal or inheritance tax advice.

What happens if I require specific legal advice?

Should you require specific legal advice or legal assistance regarding your affairs then, The Law Society can recommend a local solicitor or Blake Lapthorn will be pleased to assist you however this will be outside of the terms of the Which? Wills online service.

What happens once I've filled in the Will Information Questionnaire?

Our software will produce your Will document. Blake Lapthorn our Specialist Wills Solicitors will check it reflects the answers you gave to the questions. This will take between a week and 10 days. Your Will document can then be downloaded electronically. If you change your mind, your may cancel your Will at any time before you receive this email and receive a full refund.

Where should I store my Will?

You should store your Will in a safe and secure place and tell your Executors where it is. Some people choose to store their Will with a solicitor, their bank or HM Court Service.

How do I change my Will?

The means by which a Will is changed is by writing a new valid Will or making a valid Codicil to the Will.

Is this only an online service?

Yes. You must have access to the internet to use our Online Wills Service.

What happens if I don't make a Will?

The Government decides how your estate should be shared out on your death.  The details are contained in the Intestacy Rules.

When does my Will become valid?

Your Will becomes valid when legally it is signed, witnessed and dated in accordance with the Wills Act 1837.

Who can witness my Will?

You need the assistance of two independent witnesses aged at least 18 years old. The witnesses must not be blind, beneficiaries in your Will, spouses or civil partners of beneficiaries in your Will, anyone related to you or any other beneficiary in your Will. Your witnesses do not need to know the content of your Will.

Can I abbreviate names?

When making your Will make sure you use people's full names wherever possible.

Do I need to provide for dependants in my Will?

Your obligations to Spouses, Ex-Spouses, Separated Partners, Civil Partners, Ex-Civil Partners, Children and other Dependants: While the law of England & Wales permits you to write the Will of your choice, if you fail to make provision for someone you should have then that person, or their representative, may bring a claim for Reasonable Financial Provision under the Inheritance (Provision for Family and Dependants) Act 1975.

What are Executors?

These are people you appoint in your Will and are those who will look after the administration of your estate after your death and sort everything out.  Your Executors should be people you trust to look after your affairs after your death and can be family, friends or professional people e.g. solicitors.  If you appoint family or friends or other individuals, they should be over 18 years old.

What are Trustees?

These are usually the same people as your Executors and they will be the people/organisation who look after the assets in the trust for the benefit of the beneficiaries.

What type of Gift can I make in my Will?

Pecuniary - this is a gift of money e.g. ' I give £100 to X'

Specific - this is a gift of a particular item e.g. 'I give my gold ring set with diamonds to Y'

Residuary - this is a gift of the remainder of your estate after the payment of debts, funeral and testamentary expenses, all taxes and duties and pecuniary and specific gifts

Can gifts in my Will fail?

Yes.  A legacy or gift which fails for whatever reason would usually pass into your Residuary Estate unless substitution provisions are made.

What if I have Foreign Assets?

If you have assets outside England & Wales the Will made using Which? Wills Service will attempt to dispose of them.  However, the extent to which (if at all) that the Will is successful in that regard depends on the law in force in the jurisdiction within which the asset is situate.  If you have assets outside England & Wales we suggest you take independent specialist advice and reconsider whether this Will writing service properly meets your needs.

What is a Trust?

The most common form of trusts which arise are Bereaved Minor Trusts; 18-25 Trusts; Disabled Persons Interest Trusts; Relevant Property Trusts; Immediate Post Death Interests and Discretionary Trusts.  If you need or want further information or advice in respect of these or other Trusts then we suggest you take independent specialist advice.