Planning ahead is one of the most thoughtful things you can do for the people you love. By documenting your wishes and making the necessary arrangements in advance, you lift an enormous emotional and practical burden from your family at what will already be a very difficult time. Please don't wait — put your measures in place and you'll have peace of mind.
Making a Will
Making a will is one of the most important things you can do. The greater the value of your assets, the more you have to lose if you do not have a clearly worded will. Before you visit a solicitor or will writer, put together a preliminary written account of all your assets and how you want them distributed upon your death.
Who Can Help You Make a Will?
Both solicitors and professional will writers are qualified to draft a legally binding will. The Institute of Professional Will Writers can provide a list of accredited professionals in your area.
Mirror Wills
A mirror will is a set of two near-identical wills created by spouses that name each other as the primary beneficiary of the other's assets. Other beneficiary stipulations can be set as desired.
Important: If you die without making a will, your estate will be distributed to your living relatives according to criteria laid down by law — regardless of your intentions. This is called dying intestate.
Updating Your Will
If your circumstances change — if you gain or lose assets, if a beneficiary passes, if you get divorced, if someone new has come into your life, or if you've simply changed your mind — remember to update your will. We recommend revisiting it every 5–10 years.
Give copies to your executors and next of kin, and store the original in a safe place where it can easily be found. If you used a solicitor, they will most likely store it for you. You can also lodge it with the National Will Registry.
The Impact of Marriage
In English law, unmarried couples can sometimes hit problems when one partner dies. The surviving partner, unless designated as next of kin, does not have automatic right to arrange the funeral and could miss out on various benefits or the partner's pension. If no will has been made, the assets will automatically pass to blood relatives of the deceased, although it is possible to challenge this in court.
Your Assets & Liabilities
List any property you own including your house, car, any heirlooms or jewellery you wish to be specific about. Also list any outstanding loans or mortgages, and details of your bank accounts, insurance policies, investments, Premium Bonds and National Savings.
Executors cannot prove the will until they have submitted the Return of Estate Information form to HM Revenue & Customs, which lists the assets and liabilities of the estate. Careful planning around Inheritance Tax can often mean a lot can be avoided — consider consulting an accountant.
Planning Your Funeral
You can explain your preferences for your funeral and, if you've already organised it, give the details in your will. Some points to consider include:
- Burial or cremation
- Religious ceremony or secular
- Where you want the funeral to take place
- Where you want to be buried, scattered, or kept
- Who you want to conduct the funeral — local vicar, family friend?
- Music selection
- Flowers or donations (and to whom)
- Hospitality following the funeral
Put together a short summary of your life with highlights and important dates — it is customary for this to be read out during a service. Also consider whether you wish to register for body or organ donation, and discuss your plans with your next of kin.
Financing the Funeral
Funeral costs are normally paid out of your estate, but there can be a delay in the funds being released. Rather than leave the costs to your next of kin, you may wish to pay into a funeral plan which releases funds directly to the funeral directors when they submit their invoice.
Prices for funeral plans usually start around £1,500, payable in instalments or as a lump sum. It is important to read the small print carefully to understand whether your payment is guaranteed to cover the full cost, or whether extra charges may be payable. Always tell your next of kin of any plans you have committed to.
Enduring Power of Attorney
If you have a critical health condition likely to render you incapable of making decisions for yourself, you can appoint someone to make those decisions on your behalf. This person then has a Lasting Power of Attorney and can legally make medical and/or financial decisions for you.
Living Wills (Advance Decisions)
A 'living will' (or advance decision) states your wishes regarding medical treatment and intervention. Doctors and healthcare staff generally respect the instructions in a living will. These decisions are not to be taken lightly — we recommend discussing them with your next of kin and medical staff. You can revoke the instructions at any time.
The Natural Death Centre and Dignity in Dying can provide further information about living wills.
And finally… Talk to your next of kin and your executor. They are going to be involved, so discuss the arrangements you have made and ensure they know how to access relevant documentation. Make sure that information for anyone who will need to be notified — such as your doctor and employer — is available to them.