We have written this page to explain exactly what it is that is included in a Will.
The information contained in a Will may differ depending on your circumstances, for example; if you are married and have children, your Will may include different information to that of a Will that is written for a single person with no children.
Use the information below to find out what may be included in your Will. If you are thinking about making a Will, the information here should help prepare you to answer all the questions necessary to write your Will.
What you can find in a Will
Executors
An executor is someone who is appointed by a testator (someone making a Will) to carry out the terms of a Will.
The role of an executor is to ensure that the estate of a deceased person is secure, assess its value and pay any inheritance tax that may apply. They also need to gather all the assets, pay any debts, and then distribute what's left as outlined in the Will.
One of the key questions when
writing a Will is 'Who can be an executor?'. This can often pose as a stumbling block and this particular section of the Will tends to throw up more questions than answers. So, let me explain:
You will need to appoint two executors in your Will
An executor can be your partner or spouse, and for those that are looking to make a joint Will (for example a couple), it is advised that you appoint one another as the first executor. This makes things a lot easier upon the death of the first partner.
Beneficiaries of a Will can be executors. Beneficiaries such as children can also be executors, and can be a good selection as they are in a perfect position to carry out the wishes contained in a Will.
If you are single with no children, or, you do not have a partner or child willing to act then the next best person to appoint as executor would be a relative or sibling.
If you cannot find a suitable executor then you can instruct a solicitor to be an executor.
You must always check with your prospective executor that they are willing to act before naming them in the Will. You will need to explain what is required of an executor as most are unaware of the roles and responsibilities imposed.
Guardians
A legal guardian is a person who has legal authority to care for the personal interests of another person.
The role of a guardian in a Will is to ensure that the minor children of the deceased are cared for, this can include schooling and moral training. Like that of the executors above, choosing a guardian can be very difficult and it is advised that careful consideration is taken before reaching a decision.
If you die without making a Will, the courts will decide who takes care of your minor children (Children under the age of 18). The decision of the court may be ok however to ensure that your children are looked after as you would have wished, it is strongly advised to make a Will and appoint a guardian. In the majority of cases the sole surviving parent assumes care of your children however when making a Will you should name a guardian for your minor children in case neither you nor your spouse is able to act.
A guardian must be over the age of 18 and willing to assume responsibility. So similarly to choosing an executor, it is advised that you check with your prospective guardian(s) that they are willing to act. You may want to consider naming more than one guardian therefore if one may die others can take over.
Gifts of Money
This section of a Will allows you to specify any gifts of money. These are normally:
A basic cash gift
A conditional cash gift (For example you may want to leave a gift of money to a young person however do not want that person to receive the gift until they have reached a certain age)
A charity cash gift
Specific Gifts
Many people will choose to leave specific gifts to individuals. These are not gifts of money and therefore need to be described carefully when making the Will. Specific gifts can include jewellery, a car or even smaller items such as
panasonic lumix digital cameras for example.
Estate
Your estate is everything you own, this includes all of your assets including property, investments and cash.
Once your specific gifts and gifts of money are apportioned you can specify who inherits the remainder of your assets. The remainder of your assets can be distributed in equal shares or you may decide to state specific percentages. For example; you may wish to leave 40% to both your son and daughter and 20% to a sibling.
Funeral Wishes
Funeral wishes in a Will are not legally binding however if you state your wishes then normally your family or relatives will follow them. The three most popular funeral wishes are:
Burial
Cremation
A request that your body may be used for medical purposes such as education and research