Marriage automatically invalidates a previous will

• As soon as you have anything of value to your name.

• As soon as – or before - you get married.

• Marriage automatically invalidates a previous will.

For a valid will:

• You have to be over 18 years old.

• It has to be made voluntarily and without pressure from anyone else.

• You must be of sound mind

• Your signature (with the date) must be witnessed by at least two people. They then add theirs and the date. However, in England and Wales these signatories may not be beneficiaries (or the spouse of the beneficiary) of the will – if they are they will be automatically disinherited!

• It must be in written form.

Making a will doesn’t have to take long and can be pretty painless. At least you can take pleasure in mentally giving things to people you love… or sticking it to those you don’t.

• You can make your own will using a will pack from W.H.Smith, Tesco, or Office World (about £15) or one of the many on the internet. Try Tenminutewill or Lawpack.

• If you prefer, you can get a solicitor to draw one up for you. You can probably expect to pay at least £200 for a will with a few bells and whistles in it. For local solicitors try Solicitors-online, Searchwill or STEP.

• You can make your will for charity. Once a year the Law Society of England and Wales runs a ‘Make a Will Week’ when solicitors write wills for a one-off donation to charity. Another scheme is ‘Will Aid’ when thousands of solicitors donate the fees they make for will writing to charity for one month. Keep an eye on the media and on the internet for when these events come up in the year.

• Before you write the will, work out who should inherit what you own, how much each and at what age they should have it.

• If you’re married, everything you own will not necessarily go to your spouse. It depends on the total value of what you own, what it is, how you own it and which other relatives also survive you. Make sure you remember your spouse in the will!

• If you are not married, but cohabit - whether as a heterosexual or same sex couple – you have to name your partner in your will, otherwise they could get nothing. But same sex couples who have gone through the civil partnership ceremony get the same rights as married couples.

• You will also need to say who will deal with your affairs after you’ve gone – i.e. who will be your ‘executors’.

• Don’t forget charities you’d like to give to.

• Put in what kind of funeral – if any – you would like.

• Don’t forget your debts. Most people have debts, at least during their working life, and on your death, creditors have to be paid before any money can be distributed to the beneficiaries. If your debts are bigger than your assets consider taking out a life insurance policy to ensure that your family at least get something.

However...

• Don’t put silly terms on gifts in your will. For example, you can’t tell someone that they have to divorce in order to inherit. That would simply be thrown out by the courts.
• If you still think that after all your efforts your estate will be hit with an inheritance tax bill, take out a life insurance policy that will cover it.

With mortgages held under joint tenancy (which is the norm with married couples) and any loans in both names, the surviving spouse will be liable for paying off the debt. If you have only cohabited you won’t be liable for any debts your former partner incurred unless they were taken out in both your names.

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