Wills.

Yes — you can update a will at any time while you have mental capacity, either by making a new will or by adding a codicil (a formal written amendment that must be signed and witnessed in the same way as the original). A new will is usually cleaner for significant changes and automatically revokes the previous one. A codicil suits minor updates — changing an executor, adding a specific gift — without replacing the whole document. Never make handwritten alterations to a signed will: any amendments that are not properly executed are ignored, and in some cases they can cast doubt on the whole document.

Broadly yes — but certain people can apply to court for provision from your estate if your will leaves them without reasonable financial support. The Inheritance (Provision for Family and Dependants) Act 1975 allows spouses, civil partners, former spouses not yet remarried, cohabiting partners of at least two years, children of any age, and financial dependants to make a claim. A successful claim does not override your will — it carves out provision for the claimant from the estate. Taking advice when making a will that deliberately excludes or limits provision for someone in these categories is strongly advisable.

A DIY will is legally valid if correctly signed and witnessed — but small errors in wording or execution are common and can make the whole document invalid or produce outcomes you never intended. Solicitor involvement is particularly important if you own property, have children from a previous relationship, want to make provision for someone who might challenge the will, are making an unequal division between children, or have assets in more than one country. The cost of a professionally drafted will is modest; the cost of unpicking an ambiguous or invalid one after death can be considerable.

Not always — an English will can cover overseas assets in some circumstances, but many countries require a separate local will for property situated within their borders, and the rules differ significantly by jurisdiction. Having both an English will and a local will for overseas property is common, but the two documents must be carefully drafted to avoid one inadvertently revoking the other. Your domicile — your permanent legal home — also affects which country's law governs the distribution of your estate on death. If you own property abroad or are considering a move overseas, specialist advice is essential before making or updating your will.

Getting married automatically revokes any existing will — immediately, on the date of the marriage. If you die without making a new will, your estate passes under the intestacy rules as if no will existed. Divorce does not revoke a will, but it treats your former spouse as if they had died on the date the marriage ended: gifts to them lapse, and any appointment of them as executor fails. The rest of the will remains valid. Both marriage and divorce are triggers to make or update a will without delay — the gap between the life event and the new document is when people are most exposed.

We charge a fixed fee for wills, so you know the full cost before we start. We offer fixed fees for both single wills and mirror wills for couples — contact us for current pricing. The cost of making a will is modest compared to the cost of not having one: an estate passing under the intestacy rules, or a disputed will, can generate legal costs many times greater than the original document would have.

It depends on how you hold the property. If you own it as joint tenants, your share passes automatically to the surviving owner on your death — your will has no effect on it. If you own it as tenants in common, your share forms part of your estate and can be left to whoever you choose in your will. Many couples own property as joint tenants without realising it, which can frustrate inheritance planning — particularly in blended families or second marriages where you may want your share to pass to your own children rather than your partner. A solicitor can check how your property is held and advise whether severing the joint tenancy makes sense for your situation.

Nothing — unmarried partners have no automatic right to inherit under the law of England and Wales, regardless of how long you have been together, whether you own a home jointly, or whether you have children together. The widely held belief in a 'common law marriage' has no legal basis. Without a will, your estate passes to blood relatives under the intestacy rules. Your partner could apply to court for reasonable financial provision under the Inheritance Act 1975, but this is costly, uncertain, and distressing for a surviving partner already dealing with bereavement. A will is the only reliable way to protect them.

Dying without a will means the intestacy rules decide who inherits your estate — and the result may be nothing like what you would have chosen. Under intestacy, your estate passes to blood relatives in a fixed legal order: spouse or civil partner first, then children, then more distant relatives. Unmarried partners inherit nothing, regardless of how long they have been together. Close friends, step-children, and carers are also excluded entirely. If you have no traceable relatives, your estate passes to the Crown. The intestacy rules take no account of your relationships, your wishes, or your circumstances — only your legal status at the time of death.

Your will can include instructions for digital assets with genuine financial value — cryptocurrency, online investment accounts, PayPal balances, and domain names can all be dealt with in an estate. Most social media and streaming accounts cannot be transferred under a will because they are licensed to you personally rather than owned, and most platforms' terms of service end the account on death. The practical problem is access: executors need passwords and account details that are rarely written down anywhere. Keeping a secure record of your digital accounts and access credentials — separate from your will, but with instructions on how to find it — is as important as the will itself.

You can exclude anyone from your will, including adult children. However, certain people — including children of any age, spouses, former spouses not yet remarried, cohabiting partners, and financial dependants — have the right to apply to court for reasonable financial provision from your estate under the Inheritance (Provision for Family and Dependants) Act 1975. A letter of wishes explaining your reasoning can be kept alongside your will; it is not legally binding but can help a court understand your intentions if a claim is made. Taking legal advice before excluding someone who might have grounds to claim is strongly recommended.

An executor is the person responsible for carrying out your will after you die — gathering your assets, paying debts and taxes, and distributing the estate to your beneficiaries. You can appoint up to four executors, and naming at least two is sensible in case one is unable or unwilling to act when the time comes. Executors are usually trusted family members or close friends, though you can also appoint a professional such as a solicitor. Choosing someone willing, organised, and capable of acting impartially — particularly if your estate is complex or family relationships are difficult — is more important than choosing the most obvious person.

A will must be in writing, signed by you in the presence of two independent witnesses, who must also sign it at the same time. Witnesses — and their spouses or civil partners — cannot be beneficiaries under the will, or they will lose their gift. You must also have testamentary capacity: you need to understand what a will is, what you own, who might reasonably expect to benefit, and the effect of the document you are signing. A will that fails on any of these points can be challenged or declared invalid after your death, when it is too late to put things right.

Store the original somewhere it can be found — but not in a bank safe deposit box, which can be difficult or slow to access after death. The main options are: with your solicitor (many firms offer secure storage), at home in a fireproof safe, or registered with the National Will Register (Certainty), which solicitors and executors can search. Wherever you keep it, tell your executor where it is. A will that cannot be found after death is treated as if it does not exist. Keeping a copy at home alongside a note of where the original is held is good practice.