Make a Will
The definitive guide

 

Importance of Making a Will

Why make a Will

What happens if you die without a Will?

Importance for parents to make a Will

Importance of cohabitees to make a Will

Creating your Will

What should be included in a Will?

Appointing Guardians in your Will

Appointing Executors in your Will

Appointing Beneficiaries in your Will

Leaving Assets in your Will

Specifying your funeral wishes in your Will

Leaving your body to science in your Will

Donating your organs in your Will

Specifying your burial wishes in your Will

Leaving a business in your Will

Leaving a gift to a charity

Leaving a 'right to live' in your Will

Including future beneficiaries in your Will

Leaving Pets in a Will

Specifying Conditions in your Will

Basic structure of a Will

Joint Wills and Mutual Wills

Signing your Will

Witnessing your Will

Storing your Will

Leaving Property in a Will

Leaving Jointly owned Property in your Will

Property held as Joint Tenants

Property held as Tenants in Common

Leaving Foreign Property in your Will

Leaving a Farm in your Will

Legality of a Will

How legally binding is a Will?

Requirements for a valid Will

Contesting a Will

International Wills

Changing your Will

Changing your Will

Keeping your Will up to date

Implications of Marriage on your Will

Implications of Divorce on your Will

Destroying a Will

Changing a Will after Death

Living Wills/Power of Attorney

Advance Directives (Living Wills)

Enduring Power of Attorney

Lasting Power of Attorney

Health and Welfare LPA

Property and Financial LPA

Trusts

What is a Trust?

Role of a Trustee

Appointing a Trustee

Discretionary Trusts

Express Trusts

Secret Trusts

Probate

What is Probate

Applying for a Grant of Probate

Dealing with Intestacy

Searching for a Will

When is Inheritance Tax payable

Scottish Wills

Scottish and English Wills

Laws of Intestacy in Scotland

 

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Storing your will

Having made your will the question arises as to where it should be kept. There may be many years between you making your will and dying and it is important that it can be easily located by your loved ones after your death.

Where can I store my will?

The main places for storing a will are as follows:

With your solicitors

If your will was drawn up by solicitors they will normally offer to store it on your behalf. They may, however, charge for storing your will and you should check with them whether that is the case.

With your bank

Most banks will be happy to store your will for you and will charge you for this service. You should not, however, store your will in a safety deposit box at your bank as the box will not be able to be opened until probate has been granted. Probate cannot be granted without producing the original will.

At the Principal Registry of the Family Division

The Principal Registry of the Family Division is part of the High Court. If you want your will to be stored by the Principal Registry you should contact one of the offices of the Probate Registry. The Probate Registry has offices throughout England and Wales. There is a one-off fee payable for storing a will at the Principal Registry, currently £15.00.

Keeping it yourself

There is nothing to stop you from storing your will yourself. However, you should make sure that your executors know where to find it in the event of your death.

What would happen if my will cannot be found upon my death?

A large number of people die “intestate” every year. It is a common perception that the rules of intestacy only apply where a person dies without making a will. However, the rules of intestacy also apply where a will has been made but cannot later be found. If the will cannot be found, the law will presume that the will was never written in the first place. For this reason it may be prudent to register your will with a company who specialises in registering wills as well as ensuring that it is kept in a safe place.

If your will cannot be found your estate will be distributed according to the rules of intestacy which may result in your estate being distributed other than in accordance with your wishes.