A Will Dissected

  • December 24, 2025
Table of Contents

A Will is a legal document that allows you to decide precisely what happens to your money, property, and possessions (your “estate”) after your death [1]. It serves as a formal set of instructions to your chosen representatives to ensure your final wishes are carries out according to the law [2, 3].

Core Components of a Standard Will

While there is no single mandatory format, a professionally constructed Will generally consists of several distinct sections designed to cover all legal and practical eventualities [4, 5].

  • Testator Details and Revocation: The document begins with the full name and address of the person making the Will (the “testator”). A Revocation Clause is essential to confirm that all previous Wills or codicils are now void, ensuring the current document is recognised as the final version [7, 8].
  • Disposal of Remains: This section outlines wishes regarding burial or cremation [6, 9]. You may also include requests for specific services, woodland burials, or donations to charity in lieu of flowers [9, 10].
  • Appointments: This is where you name the individuals who will manage your affairs:
    • Executors: Those responsible for collecting assets, paying debts and taxes, and distributing gifts.
    • Trustees: Named if the Will establishes a trust—for example, to hold money for minor children [13, 14].
    • Guardians: Essential if you have children under 18, as they will care for the children if both parents pass away [15, 16].

Distribution of the Estate

The “meat” of the Will defines how assets are distributed. These gifts are typically categorised into different types of “legacies”:

  1. Specific Legacies: Identifiable objects, such as a specific piece of jewellery or a family heirloom.
  2. Pecuniary Legacies: Fixed sums of money given to specific individuals or charities.
  3. Residuary Estate: The most critical part of the distribution; it covers everything left over after all debts, taxes, and specific legacies have been paid.
  4. Memorandum of Wishes: A separate, less formal list often used to distribute small personal items of low value, which can be updated without rewriting the entire Will.

For a Will to be legally valid in England, it must strictly adhere to the requirements set out in the Wills Act 1837:

  1. Capacity: The testator must be at least 18 years old and of sound mind, meaning they understand the nature of the document and the property they are leaving.
  2. Voluntary Intent: The document must be made voluntarily, without pressure from any other person.
  3. Formal Execution: The Will must be in writing and signed by the testator in the presence of two witnesses.
  4. Witnessing: The two witnesses must then sign the document in the testator’s presence.
  5. Witness Restrictions: A witness (or their married/civil partner) cannot benefit from the Will; any gift intended for a witness will be rendered void .

When you should update you Will.

If your circumstances change such as marriage, divorce, or the birth of a child, it is vital to update your Will. Minor changes can be made using a Codicil, which is a supplement that leaves the rest of the original Will intact. However, for significant changes, it is usually safer to create a completely new Will.

** It is recommend that you review your Will every few years. You could do this annually as a part of your yearly financial review, or as the new year approches. **

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