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Will Writing

Ensuring that you have a valid Will in place is a vital part of ensuring that your loved ones are provided for, and your estate dealt with how you wish, in the event of your death. Key elements of a Will include: 

• setting out what’s included in your estate (ie everything you own)

• specifying how you wish to divide your estate and who you want to have which assets when you die

• appointing guardians to look after any children under 18

• appointing executors to carry out the instructions contained in your Will

If you die without a Will, it is assumed that you died intestate. This means that your assets will be dealt with according to a specific set of rules (ie the intestacy rules).

The intestacy rules are outdated and could lead to your estate being distributed in a way that you do not want. For example, many modern relationships involve cohabitation and partnership without marriage. Yet the rules of intestacy generally do not recognise this type of ‘unofficial’ family structure. It is, therefore, important to have an up to date Will in place to ensure that your assets are passed on exactly how you want.

For more information, read Making your Will and Reasons to make a Will. 

Mirror Wills are a pair of near-identical Wills created by a couple to ensure that each partner is provided for if the other dies. Generally, in each partner’s Mirror Will they leave their estate to the other partner. On the second partner’s death, the estate is often passed to any children of the couple. 

For more information, read Mirror Wills and Different types of Will documents.

A Codicil is a legal document used to make an alteration to an existing Will. Creating a Codicil can be more convenient and cost effective than creating a whole new Will.  

A Codicil may be appropriate if you only want to change one or a few things about your current Will. For example, you may wish to make specific provisions for new grandchildren, to substitute an executor or guardian, to update somebody’s name or details, or to change the amount of a monetary gift. 

For more information, read Codicils and Different types of Will documents.

We can write a bespoke Codicil for you, from £99.99 for Rocket Legal+ members (from £199.99 without a Rocket Legal+ membership). 

The cost of creating a Will depends on how complex your Will needs to be. You may want to include many detailed provisions leaving gifts to lots of different people, to set up complicated trusts, or to make provisions for technically complex digital assets. Alternatively, you may wish to create a simple Will that leaves your whole estate to a single person. 

Creating Mirror Wills can be cheaper than creating 2 entirely different Wills, as 2 Mirror Wills are largely the same. Creating a Codicil to an existing Will can also be cheaper than making a whole new Will. 

You will also need to pay a fee if you want to register your Will. It currently costs £30.00 to register your Will with the National Will Register. 

A Will must be signed, witnessed, and stored in a certain way in order to be legally valid. For example, in England and Wales 2 people should watch you sign your Will and then sign it too to attest to this. 

You should then securely store your Will and make sure not to alter it after it’s signed, as this could invalidate it. 

You can also register your Will so that it can be easily found by those who need to see it after your death.

Our legal pros can help you with each of these steps of the Will writing process. 

For more information, read Executing a Will and Storing a Will.

Making solid plans for your family and estate doesn’t start and end with making a Will. For example, you might want to:

• make changes to your wishes

• give somebody the power to make legal decisions for you if you lose the ability to make them yourself

• set out your wishes regarding any medical treatments you wish to refuse

There are specific legal documents you can make for each of these purposes. For example, a Lasting Power of Attorney (LPA) can enable somebody to make health and welfare decisions for you if you’re unable to do so. We can create an LPA for you, half off with your Rocket Legal+ membership.

For more information, read Different types of Will documents.  

If you’re making your Will before or soon after getting married, you may want to create a Prenuptial Agreement (‘Prenup’) or Postnuptial Agreement (‘Postnup’) to help protect your assets.

While a Will directs how your estate will be handled upon your death, Prenups and Postnups address the division of assets in the event of a divorce. Creating a Prenup or Postnup ensures a comprehensive approach to estate planning and helps to safeguard both your assets and your peace of mind. 

You can use our Prenup and Postnup service to make your Agreement, to protect your legacy and secure your future with confidence. 

For more information, read How to make a Prenuptial Agreement and Postnuptial Agreements.

Wills in Scotland are different to Wills in England and Wales. 

In Scotland, certain family members (eg your spouse, civil partner, and children) usually have legal rights to a portion of your estate regardless of your Will's contents. A Will made for somebody domiciled (eg permanently residing) in Scotland or for someone who has close family in Scotland should take these rights into account.

Our lawyers can address these rights when writing your Will for England and Wales.