A quick guide to writing your Will

A quick guide to writing your Will

Our Legacy Officer answers common questions about Will-writing, how gifts left in Wills can help charities and translates some of the jargon used by solicitors.

Will writing can be seen as a daunting task that many are known to put off. Over half of UK adults have not written a Will, meaning that their wishes for who should inherit their estate may not be honoured. We hope that this blog will serve as a useful guide for when you are ready to write your Will.

By having a valid and up to date Will in place, you can ensure that your nearest and dearest are provided for, as well as helping charitable causes that are close to your heart. 

A Will is a legal document that outlines how a person wishes for their estate to be distributed after their death. Your 'estate' is comprised of all of your property, money and possessions minus any debts owed.  

What happens if I die without having written a Will?

Many people think about writing a Will as something they'll "eventually get around to". Put simply, without a Will, you don't get to choose who inherits what and the causes you've cared about during your lifetime may go without. When a person dies without a Will, they are said to have 'died intestate', and the law decides who gets your possessions. Estates are distributed according to the Rules of Intestacy. This means that your estate is passed to your closest living relative as defined by law. If, at the time of your death, you have no living relatives, it all gets passed to the Crown. These rules don't take into consideration any of your personal wishes, and without a valid Will in place, any wishes to leave a gift to charity will not be honoured.  

When should I write or update my Will?

In England and Wales anyone over the age of 18 can write a Will. Major life events might prompt you to consider what you want to happen to your assets when you die. For example, a change in family circumstances. It could be that you, or someone in your family has recently had children or grandchildren, got married or experienced a relationship breakdown. 

Or perhaps you've had a change in financial circumstance. You may have recently bought or sold a house. Maybe you've inherited new assets, property or items of monetary or sentimental value. It's a good idea to create a plan of who will inherit what when you die. 

You should review your Will every few years to make sure that what's written there still accurately reflects your wishes. 

The best day to sort out your Will was yesterday. The second best is today.

How do I get started?

Once you have an idea of your wishes, we always recommend speaking to a qualified solicitor to make a new Will or to amend an existing Will. There are many different ways that you can write or update your Will. At The Wildlife Trust of South and West Wales, we’ve partnered with the National Free Wills Network and Make a Will Online to offer free, solicitor checked Wills to our supporters. There is no obligation to leave a gift to The Wildlife Trust of South & West Wales in order to use these services, but we hope that you will consider us. Find out more about writing your Will for free here. 

You could also search for a local solicitor through the Law Society’s website.

You'll need to gather a list of everything you own; your house, bank accounts, pension pots, savings and any personal belongings, as well as any liabilities. Then, you will need to consider who will benefit from your estate (your beneficiaries) and who you want to administer it after your death. 

Understanding legal jargon

Some of the language used by solicitors can be confusing. Here's a glossary of some common terms relating to Will-writing.

Beneficiary Someone who benefits from a Will. They are entitled to receive a specific gift, sum of money, or share of the estate.
Bequest A gift left in a Will.
Codicil A subsequent addition to the Will. This amends the Will, rather than replaces it. It must abide by the same legal requirements as the original Will.
Estate The legal term for your possessions, financial assets and debts.
Executor A person or institution appointed by a testator to carry out the terms of their Will. This person is legally responsible for the money, property and possessions of the person who died.
Intestacy The rules which dictate who inherits what if someone does not leave a Will. 
Legacy A specific gift of a sum or money of a share of the estate
Pecuniary gift A fixed sum of money left in a will to be given to a specific person, charity, or organisation. It is also known as a cash gift.
Probate This is the entire process of administering a deceased person’s estate. It involves paying any taxes and debts, as well as organising their assets and distributing them as inheritance. 
Residuary gift This is gift of a percentage of your estate after all other gifts and expenses have been paid. This is known as the 'residue' of your estate, and these gifts maintain their value or increase over time.
Testator/Testatrix The person who is making the Will.

 

How can I leave a gift to charity?

If you would like to leave a gift to charity then you will need their name, their Registered Charity Number and their address. 

There are three types of gift you can leave in your Will:

  • Residuary bequest – this is gift of a percentage of your estate after all other gifts and expenses have been paid. This is known as the 'residue' of your estate, and these gifts maintain their value or increase over time.
  • Pecuniary bequest – this is a gift of a set amount of money. Please remember that inflation may impact on the amount we may actually receive.
  • Specific bequest – this is when you choose to leave a specific item such as a painting, jewellery or even your home.

To find out more, head to our FAQs page.

How do gifts left to charity make an impact?

Gifts in Wills left by our generous supporters helps us to continue our vital work to restore nature across the region and connect people with wildlife. Once you have provided for your loved ones, a gift in your Will ensures that your love of wildlife lives on. 

By leaving The Wildlife Trust of South and West Wales a gift in your Will, you can help us to protect the wildlife and wild places you love. Every gift in every Will, makes a huge difference.

You can find out more about how gifts in Wills have had an impact on our work on our dedicated gifts in Wills page.

“Anyone who cares about wildlife has a marvellous opportunity to do something quite unique, by remembering their local Wildlife Trust in their Will. This generous act is one of the most important things you can do to make sure the species and habitats we love will be there for future generations to enjoy”

Sir David Attenborough

Your Will is extremely personal to you. However, if you'd like to talk about legacy gifts, in confidence, with our Legacy Officer, then please get in touch at m.johns@welshwildlife.org

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We’ve partnered with Make a Will Online and the National Free Wills Network so you can write or update your Will for free.

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