FAQs
Writing a Will

You don’t necessarily need a solicitor to make a will. There are, in fact, various ways you can have a legally-binding document written up. Whilst solicitors are a viable option, professional will writers are a cost-effective alternative – just make sure they’re registered with the Institute of Professional Will Writers. Otherwise, it’s also possible to write a will yourself (though not recommended), or to receive free help from a number of charities; Will Aid, Cancer Research UK, and Age UK all offer various degrees of assistance. 

A Will details how, when, and to whom your assets will be distributed to in the event of your death. It’s a legally-binding document that ensures that your wishes are fulfilled when you die, and your assets go to the people or causes you desire. 

In order for your will to be legally-binding, it needs to be signed by two witnesses. Importantly, both witnesses need to be over 18 and cannot be named as beneficiaries in the will. 

An executor is someone who is legally responsible for handling someone’s will, and ensuring that the instructions contained within it are carried out. There can be up to four executors per will, and they can be mixed between trusted family members and solicitors. 

Yes, a solicitor can be an executor of a will. They can either serve alone, or alongside trusted family members or friends. 

The main responsibilities of an executor include: 

• Ensuring the security of the deceased’s assets as soon as possible after death. 
• Collecting all assets and money due to the deceased’s estate. 
• Paying any outstanding debts from the deceased’s estate. 
• Distributing the deceased’s assets according to the terms of the ill. 

An executor cannot change a will. If the person who has made the will is still alive, then only they can make a change. If they have passed away, then changes can be made to the will but only with the explicit consent of all named beneficiaries. 

A beneficiary is someone who stands to benefits from the terms of a will i.e to receive a portion of the deceased’s estate. 

Related blog posts:

• What’s involved in writing a will?
• Can I write a will for free? 
• When should you start writing a will?
• Who inherits when there’s no will? 
• Who can and who cannot witness my will? 

Yes, you can change your will, but this is usually only recommended for small changes (such as changing an executor or adding a legacy). In order to be legally-binding, they must be made through a codicil. If you want to make more substantial changes, such as amending beneficiaries, it’s advisable that you destroy your current will, inform the executors, and start a new one. 

Given that your will is a legally-binding document, it’s advisable that you seek the assistance of either a solicitor or professional will writer when making changes. This is because any changes require the issuance of a codicil.

A codicil is a document that allows you to make changes to your will. It can be used to change anything in your will, but is usually recommended to make only small changes. Similar to the original will, a codicil must be witnessed and signed by two individuals that are not named as beneficiaries on the will. 

As with any changes made to your will, a codicil is required in order to amend the executors. You may include up to four executors, and it’s recommended that they’re split between trusted family and friends, and solicitors. 

If you want to make significant changes to your will, it’s best to destroy your current will and start a new one. You can destroy your will by burning it, tearing it, or otherwise using a professional legal document disposable service. Regardless, however, it must be stated in your new will that any previous versions have been revoked. This is to avoid the possibility of any contestations later on, if any copies of the original remain. 

Related blog posts:

• Why writing a will is so important
• What to consider before writing your will 
• Ensuring a will is valid 
• Will terminology and jargon explained
• A will writing checklist 

If you’re currently looking for assistance in writing or changing your will, please get in contact with IMC Financial Services. Our Director, Andrew Jackson, is a member of the Society of Will Writers, and will be on hand to guide you through the process.