Making a will is something that almost all of us understand is important but many of us put it off. It can also be worth setting up an advance decision or statement, known as a living will, in case you are ever not able to make your own decisions.
Setting up a will
A will, also known as a Last Will and Testament, is a legally prepared and bound document that states your intentions for the distribution of your assets and wealth after your death.
You do not need to use a legal professional to set up a will, but many people choose to use an expert to ensure their wishes are accurately recorded.
In order to create a valid will:
- it must be in writing,
- it must be signed and witnessed,
- you must be over 18 years, unless on military service,
- you must have mental capacity,
- you must not have been pressurised into making the will,
- you must have full knowledge of, and approve, the contents of the will.
Additionally, your will should set out:
- who you want to benefit from your will (your beneficiaries),
- who should look after any children under 18,
- who is going to sort out your estate and carry out your wishes after your death (your executor),
- what happens if the people you want to benefit die before you.
Further information on setting up a will can be found on the Gov.uk website.
If you do not have a will
If you die without having made a will in the UK, then a set of rules called ‘Intestacy’ will apply. These rules will determine who inherits from your estate, with your assets potentially going to the state if no family members can be found.
Dealing with an estate
Probate
If the person who died left a valid will, then this will name an Executor. This is the person responsible for collecting and distributing the estate according to the wishes of the will.
Unless the estate has a total value of less than £5,000 it is likely that the Executor will need to apply for a Grant of Probate. You can apply for Probate on the Gov.uk website: https://www.gov.uk/applying-for-probate/apply-for-probate
Letters of Administration
If no will has been left, then the estate will be distributed according to a set of rules called Intestacy.
Like under probate, it will still be necessary for someone to apply for the authority to gather and distribute the estate, but this person will be known as the Administrator, and they will apply for Letters of Administration as their Grant of Representation.
The rules of intestacy specify who will inherit from the estate, with priority given to the spouse or civil partner of the deceased, followed by their children before moving on to other relatives.
Further information about dealing with an estate
The Probate and Inheritance Tax Helpline can answer any questions you may have on the process of applying for Probate and the payment of Inheritance Tax. They can be contacted on 0300 123 1072.
Living wills
Advance decisions
A living will is more commonly known as an Advance Decision to Refuse Treatment. This is a legally binding document that lets healthcare professionals know your wishes if you are not able to communicate with them. An advance decision is most commonly used to refuse treatment such as:
- Ventilation
- Cardiopulmonary Resuscitation (CPR)
- Antibiotics
If you decide to refuse life sustaining treatment such as this, your advance decision must be:
- Written down
- Signed by you
- Signed by a witness
You may then wish to ensure that all medical professionals involved in your care are made aware of your advance decision.
Further information about setting up an advance decision can be found on the NHS website.
Advance statements
An advance statement is not legally binding. It is intended to be a statement of your wishes, providing a guide to anybody involved in your care if you are no longer able to make decisions yourself.
Common requests included in an advance statement are:
- how you want any religious or spiritual beliefs to be reflected in your care
- where you would like to be cared for, for example at home or in a hospital, a nursing home, or a hospice
- how you like to do things, for example if you prefer a shower instead of a bath, or like to sleep with the light on
- practical issues, for example who will look after your dog if you become ill
You can make an advance statement by writing these wishes down and communicating them with friends, family members and health and social care professionals involved in your care.
Further information can be found on the NHS website.
Co-op Legal Services
The Co-op Legal Services Executor & Attorney Support Hub has more information on setting up a Power of Attorney and their regulated legal team can provide you with advice and assistance. We have an agreement with Co-op Legal Services who will offer you a 10% discount on their standard fees for setting up a Will.
Read more
Making decisions
If you are ever unable to make decisions about your finances or care, who will make these decisions on your behalf? Setting up a Power of Attorney give you the greatest choice but can only be done whilst you have mental capacity.
Finding care
Whether you need some help at home or want to find out more about Care Homes in your area, we have information on where to search and what questions to ask.
Avoiding care costs
Our mythbusting guide can help you make sense of gifting rules.