5 Top Tips for Making or updating your Will

5 Top Tips for Making or updating your Will

With various Will writing campaigns happening within autumn each year, such as Remember a Charity week in September and Free Wills Month in October, you might have been prompted to consider your own Will recently – whether you should have one or update your existing one, how to go about doing so, and whether you could include a gift to help a charity close to your heart, such as the Wildlife Trust BCN.

This week we have updated our FAQs to answer all of these questions and more.

We know Will writing can be daunting, after all it is a process centered around the two, often most difficult, topics of death and money! However, Wills are an important way of ensuring your wishes are documented and respected, enabling you to provide support in the future for your loved ones, first and foremost, plus any charities you might wish to include.

Through our carefully curated FAQs, we hope to make the Will writing process clearer and much less daunting for you. Here are our 5 top tips that cover why, when, who, and how, plus the impact you can have, when making or updating your Will:

Tip 1 – Why. Why do I need a Will? What happens if I die without one?

According to research, the most reported reason for not having a Will is that people have not got around to it yet, followed by believing they are too young or don’t have anything to give.

However, if you don’t have a valid Will, standard rules defined by law will be used to dictate how your money, possessions, and property (known collectively as your ‘estate’) are divided when you die. Without a Will, you also have no say over who will act as your executor, the person responsible for sorting the legal proceedings that are required.

These standardised rules won’t consider any of your personal wishes and can mean that those you intend to inherit your estate, such as a long-term partner, may receive nothing. Dying without a Will can create significant difficulties and disputes for your loved ones.

Two people walking through autumnal woods, with lots of red and orange leaves on the ground

Credit: Ross Hoddinott/2020VISION

Whilst standard rules of inheritance might be suitable for some individuals and their circumstances, for many these do not reflect their personal wishes for how they’d like their estate to be divided. For example, long-term partnerships not legally recognised by marriage or civil partnership do not lead to inheritance under the standard rules. Writing a Will is the only way to have your say on how your estate should be divided.

Tip 2 – When. When should I write or update my Will?

Anyone over the age of 18 can have a Will, and it is advisable to do so. However, there are specific life situations which make it particularly wise to write, or review and update, your Will to ensure it reflects your wishes and personal circumstances. These situations include:

  • Entering a marriage or civil partnership – in England and Wales this revokes any previous Wills.
  • Entering or ending committed relationships that aren’t legally recognised by marriage or civil partnership.
  • Getting divorced or separating.
  • Having children – not only can you provide for them financially, but your Will can determine who would become their guardian if you were to die whilst they were under 18.
  • The death of someone included within your Will.
  • Other complex family or relationship circumstances, such as complications relating to someone included within your Will (e.g. disability, vulnerability, debt or divorce) or the breakdown of a relationship.
  • Moving home, entering a joint ownership of a property, or buying property oversees.
  • Acquiring assets overseas.
  • Changes in financial circumstances.
  • Changes in the law which could mean an arrangement made several years ago could no longer be necessary or meet your needs.
  • Selling or parting with a possession that was included as a specific gift in your Will. Otherwise, the gift of the item is void and your intended recipient will not receive anything as an alternative.
  • Decisions about, or changes in, your funeral preferences – funeral instructions can be included in a Will so that your family don’t have to make these difficult decisions.
A family walking across a small bridge on an autumnal day

Image credit: Ben Hall/2020VISION

When changes occur in your personal circumstances, such as having children or moving house, it is advisable to write or update your Will to ensure it still accurately reflects your wishes.

Tip 3 – Who. Who should write or update my Will?

There are many different options when it comes to writing your Will. These differ in price but also, importantly, in their level of regulation and their suitability for your specific needs. It can only take one mistake for your Will to become invalid, and the more complex your personal circumstances the more advice and guidance you should seek. We highly recommend that you use a solicitor or professional and regulated Will-Writer to write or update your Will. This will ensure it is validly written and witnessed, giving you the most peace of mind.

The Law Society website provides a list of impartial solicitors in your area.

Tip 4 – How. How do I write my Will? How do I leave a gift to loved ones and/or charity?

Writing or updating your Will should be a simple process, if you seek the correct professionals to support you through it.

Once you have chosen your solicitor or professional Will-writer, they will ask you to gather details about your bank accounts, pension pots, possessions, investments, etc. This will collectively form your estate and it is then your decision as to how you’d like this to be divided up and gifted on.

Gifts to loved ones and/or charity can take the form of a percentage of your overall estate, a fixed sum of money, or you can gift a specific item. More details about these types of gifts, including those that the Wildlife Trust BCN can accept, can be found in our FAQs.

To include a gift to a charity there are a few key bits of information that you will need to provide when writing or updating your Will, including the registered charity name, number and address. For the Wildlife Trust BCN these can be found in our FAQs.

There are other important considerations to make, such as inheritance tax and appointing executors. We cover these in our FAQs and your solicitor or professional Will-writer will guide you through this.

One of the most important stages of writing your Will is to ensure you then sign the finished document in the presence of independent witnesses, as without this it is not legally valid. This should then be securely stored in a location that your executor is aware of.

Green tractor in a field on a cloudy day

Image credit: Eamonn Lawlor, WTBCN.

Gifts in Wills to the Wildlife Trust BCN enabled the purchase of this special all-terrain tractor. This is used to carry out essential habitat management on several of our reserves, including grassland restoration, woodland management, and the towing of trailers for grazing and equipment distribution.

Tip 5 – Creating an Impact. How much impact can a gift in my Will to a charity have?

In England and Wales, on average around 14% of charitable income comes from gifts in Wills (Legacy Futures, 2024) meaning gifts of this kind contribute significantly to the success and help offered by a broad scope of charities. The country would be a very different place if it wasn’t for generous people making these very special gifts to causes they love.

At the Wildlife Trust BCN, this is no different – last year 1 in 5 of our core tasks were funded through gifts in Wills! Having benefitted all three of our counties, multiple types of wildlife and habitats, and all aspects of our work, there is no disputing the significant impact a gift to the Wildlife Trust BCN has on creating a wilder future.

Previously, gifts in Wills have:

  • Purchased vital equipment for the successful management of our reserves
  • Secured important wildlife sites, saving them from future development
  • Inspired young people and the wider community to care about the natural world through supporting a broad array of activities
  • And much more – see here for further details.
Luton Little bugs session in a woodland

Image credit: Holly Wilkinson

Gifts in Wills to the Wildlife Trust BCN have contributed towards the facilitation of many of our community and education events, such as our Little Bugs clubs which inspire young children to connect and care for nature.

If you’d like to know more about making or updating a Will, getting advice, and including a gift in your Will to the Wildlife Trust BCN, check out our comprehensive FAQs here.

Our dedicated legacy webpages provide further information about including a gift for nature in your Will. If you’d like to talk, in confidence, with Hannah in our friendly legacies team, please get in touch using the options below. Alternatively, if you are attending our AGM this October, look out for one of our Trustee’s who is a trained solicitor and will be joining Hannah on the legacy stand to answer your questions.

Email: legacies@wildlifebcn.org

Phone: 01954 713500

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