Will-writing service

What is a will and why should I bother?

A will is a legal document that states how you would like your assets (your money and belongings, including property) to be distributed. As well as detailing what you’d like to leave each person, it can also set out any wishes you would like carried out after you die.

There are both simple and complex wills.

A simple will is a will that includes a maximum of six beneficiaries (the people you want to leave something to) without the use of trusts or tax planning.

A complex will often involves the use of trusts and a more intricate distribution of assets.

It’s important to remember that if you don’t leave behind a will, your money and belongings will be distributed according to the “law of intestacy”, which is a set of rules that says who should get what if you’ve not left a will. This might not be what you or your family want.

What if I take out a joint life insurance policy?

Beagle Street’s free will service is also available to you if you purchase a joint life policy. You can choose to write a single or a joint will.

See your policy’s terms and conditions for more details.

Next steps

• After taking out your new life insurance policy and receiving your policy documents, call us on 0800 247 247 (Mon-Fri 9am-5:30pm, excluding bank holidays) to discuss our free will-writing service. We’ll give you the contact details of the relevant will specialist for the part of the UK you live in.
• Once you’ve given our will specialist the information they need, they’ll write it into a legally binding document and provide you with a draft of your will. This is your opportunity to make any changes before signing. See the terms and conditions for more details.

Don’t forget to use these free benefits available to you when you buy simple, easy life insurance with Beagle Street.

Do I need a will?

If you have children or own a property, then it’s a good idea to make a will. If you don’t have one, your estate will automatically follow the “rules of intestacy”, which are set rules intended to distribute your money and belongings fairly, but that might leave shares of your estate to people you didn’t intend.

If you have children, then a will is important as it will also say who you want to become your children’s guardian(s).

What happens if I don’t make a will?

The legal term if you die without a will is “dying intestate”, this means that your estate will be divided according to the rules of intestacy which may not be the same as your wishes.

By writing a will, you can make sure your money and belongings will go to who you want them to go to.

Do I need a will if I don’t have money or a property?

A will isn’t just about naming who’ll inherit your estate but also naming a guardian for any children under the age of 18 who you have parental responsibility for.

Without a valid will, a court may need to decide who will look after them and who controls any inheritance left to them through the rules of intestacy.

Can I write a will for someone who has lost the capacity to make a will?

Yes, but you’ll need to make an application on their behalf to the Court of Protection for a statutory will.

This must be made in the best interests of that person and the Court of Protection will take their wishes into consideration.

Can you write your own will legally for free in the UK?

You can write your own will in the UK, however because a will is a legal document, it’s better to get the help of a specialist to make sure there are no errors. Even the smallest mistakes can make a will invalid!

We recommend using a professional, which you can do for free if you’re a Beagle Street customer with our free will-writing service. This service is available to UK residents who have purchased life insurance from Beagle Street.

For full details please read our terms and conditions.

The beneficiary of a will

What is a beneficiary of a will?

The “beneficiary of a will” is simply a person or organisation who receives a gift from the testator (the person who wrote the will).

Can I leave my estate to someone who is not related to me in my will?

Absolutely. A beneficiary of your estate can be any person or organisation, you don’t have to be related to them.

Can you include a charity in a will?

Yes. You can gift to a charity in your will and this will be a tax-free gift. You will need to include the charity’s full name, postal address and registered charity number in your will.

Gifting a portion to a charity can reduce any potential inheritance tax liability.

Can an executor be a beneficiary of a will?

Yes. An executor can be a beneficiary in a will and is often the main beneficiary.

What happens if a beneficiary of a will dies?

Unfortunately, this sometimes happens as many people include elderly relatives as beneficiaries. You can update or alter your will if a beneficiary dies.

Can pets be beneficiaries in a will?

It’s not recommended. Only people or organisations can be beneficiaries in a will. You can however include instructions for who you want to look after your pets and leave money specifically for their care.

How can I make sure my pet is looked after if I die?

If possible, you should discuss your worries with close friends or family and have a plan in place. if you feel comfortable doing so, you could leave extra keys to your house with those you trust.

It’s also an option to carry an information card about your person to alert emergency medical staff of your pet and its care arrangements in the event of an emergency. This should contain contact information for those who will look after your pet as well as any important information about their care.

What can I not leave in my will?

What can I not leave in a will?

• If you own property under a beneficial joint tenancy (meaning you co-own the property), the property will automatically be passed onto the surviving co-owner if you die, so this can’t be included in your will.
• However, if you own property under tenancy in common (meaning you don’t own equal shares in the property), this does form part of your estate and you can state in your will who you want your share to be inherited by.
• If you have an insurance policy written into trust, then this won’t form part of your estate and therefore can’t be written into a will. The value of the insurance policy will be paid out to whoever is the beneficiary of the trust.
• The same applies to your pension and any death in service benefit provided by your employer. You will usually have stated who you want this to go to through the scheme. Speak to your employer if you have any questions.
• Any asset you own that is the subject of a hire purchase agreement, isn’t legally yours and therefore can’t be included in your will.

Is life insurance part of an estate in a will?

Unless written into a trust, life insurance is part of your estate.

You can choose for your life insurance payout to be paid into a trust instead of to a beneficiary, which means the payout won’t be assessed for inheritance tax.

The executor of a will

How many executors can I have in my will?

A will can have a maximum of four executors, but from a practical point of view, the more you name the more likely there are to be disagreements.

It’s sensible to name at least two people – either one executor and a substitute or two executors to work together.

That’s because if you only have one executor and they die,  your will becomes invalid.

Can an executor witness a will?

An executor can witness a will as long as they’re not a beneficiary.

What is Power of Attorney?

Power of Attorney is a document that identifies one or more people to make decisions for you if you’re unable to. You can grant someone Power of Attorney to look after your health, wellbeing and finances.

It’s wise to do this while you can still make decisions for yourself as it won’t come into force until you no longer have capacity to make those decisions for yourself.

Wills and your children

Can a beneficiary be under 18?

If your children are under the age of 18, they can’t inherit anything from your will, so any money that you intend for them will be held in a trust. You can specify how old your children must be before they inherit this money, for example if you think 18 is too young.

The trustees can decide what the income from the trust can be used for to benefit the children, such as school fees.

Can I appoint legal guardianship of a child in my will?

Yes, you can say who you’d like to have legal guardianship of any children under 18 that you have parental responsibility for.

This is to make sure your children are taken care of by people you trust rather than the decision being left to the courts.

Will signing

How do I sign a will and what do I have to sign?

To officially execute your will, you need your chosen witnesses present when signing and to let them know that this is your Last Will and Testament.

You then need to initial below the text at the bottom of every page (except the signature page which needs your full signature).

Your witnesses will also need to sign to say they were present.

Who can witness a will?

Witnesses must be over the age of 18, of sound mind and not a beneficiary or related to a beneficiary of the will.

How many witnesses are needed for a will?

Two witnesses are required for signing a will in England and Wales, one witness is required in Scotland.

Can I sign a will without a witness?

No, your will is only legal when it has been signed and witnessed.

Can a family member be a witness to a signature on a will?

Your family member can’t witness a will if they’re a beneficiary or related to someone who is (another member of your family). Even if they’re not, this isn’t recommended as it will raise questions about how valid your will is.

Can a spouse witness a signature on a will?

As above, only if they’re not a beneficiary or related to someone who is. Even then, it may not be advisable.

Can I change a will before signing it?

Yes, your will isn’t legally binding until signed and witnessed so you should take the opportunity to review and make any changes you feel are necessary before signing.

Wills and marriage

Do unmarried couples living together need to make a will?

It is recommended to do so.

If you are “beneficial joint tenants” of a property, which is when you own equal share of the property, they will inherit your half of the property even if you don’t have a will.

But if you don’t own equal shares, this won’t happen unless you include it in your will.

Any other belongings and money may not be inherited by your partner.

Do I need to change my will after getting married?

When you get married or legally united in a civil partnership, any will you had becomes invalid unless you included ‘in contemplation of marriage’ in it. This is a clause to prevent your will being revoked.

Without this clause, your husband, wife or civil partner will inherit up to £250,000 of all your assets (including property), as well as all of your personal possessions, whatever their value.

Half of anything that’s remaining also goes to your husband, wife or civil partner.

The other half is then divided equally between any surviving children.

If this isn’t how you’d like your estate to be shared, having a valid will is an option to stop this.

What happens if I get married after I have signed my will?

Marriage automatically invalidates any existing will, unless it included “in contemplation of marriage”.

So if your will is being arranged and you plan to get married soon, you may wish to include this clause to prevent your will being revoked..

If you haven’t written your will in this way, you can still bring it back into force after getting married using a “codicil”, which is a legal document used to make changes to a will without invalidating the whole thing.

Does my estate automatically go to my spouse if I haven’t made a will?

No, there are rules of intestacy which define who is entitled to a share of someone’s property, possessions and money if they die without making a will. For more information, please visit the intestacy page on the gov.uk site.

Do married couples need two wills?

Generally, yes, you can get joint wills but these are fairly uncommon and not very flexible.

Can I include a civil partner in my will?

Absolutely. As long as your civil partnership was a legally binding ceremony, your partner will have the same rights as a married spouse would.

Does divorce revoke a will?

A divorce won’t revoke your will, but you may want to change it if you don’t want your ex-partner to be a beneficiary.

After making your will

Where should I store my will?

You can store your will with a solicitor, a specialist will service or the probate service.

You can also keep it yourself in a safe location. If you decide to do this, it’s important that you don’t leave any signs that another document has been attached to the will such as staples or paperclips. This can revoke the will as it may appear that attachments are missing.

It’s not advised to store your will in a safety deposit box at a bank as banks refuse to open a deposit box until the executor has permission from the court to administer your estate. This can’t happen without access to a will.

Write down the details of where your will is stored for the executors of your will.

Who should I inform about my will?

We recommend telling the executor of your will where it’s stored, and writing down any names, addresses or contact details so that the executor can find it.

How long are wills valid for?

A will’s validity is unlimited until it is revoked, either by a new will being made, through marriage or civil partnership, or by the will being physically destroyed (if a section of the will is physically destroyed, only that section will be revoked).

Water damage, rubbing out or cutting out any signatures can revoke the will, as can any potential missing attachments such as staple marks or paperclip marks.

How long does it take to distribute an estate?

The time taken to administer and distribute an estate will depend on many factors, such as if the deceased has a property that is being sold, which can be time-consuming.

What should I do if I can’t find the will of a deceased person?

If a will has been lost, you will need to follow the rules of intestacy which define who inherits property, money and possessions. For more information, please read the intestacy page on the gov.uk site.