Making a will and getting the right support — Easy Read

What a will does

A will is a legal document saying who should receive the money and belongings covered by your estate after you die. Those people or organisations are called beneficiaries. The estate is what you leave behind; debts and other obligations must be dealt with too. If there is no valid will, inheritance rules decide who receives the estate. Do not assume an unmarried partner or a friend will automatically inherit.

Start with your own choices

Think about people or organisations you would like to provide for and any particular belongings you want to leave. List questions about your home, savings, debts, insurance or pension. Different assets can pass in different ways, so ask which ones your will controls. You do not need to put private financial details on this website. Take relevant information securely to your adviser.

Ask for accessible legal advice

Tell the solicitor how you communicate and learn. You may need clear words, pictures, an interpreter, a communication aid, a quieter room, shorter meetings or more time. A trusted person can help if you want, but the solicitor should hear your wishes. Ask for the cost and scope of the service in writing before agreeing. The Law Society’s guide links to its Find a Solicitor service.

Capacity to make a will

Having a learning disability or needing help with money does not automatically mean you cannot make a will. The legal test concerns this particular decision. Broadly, you need to understand making a will and its effect, the property involved and the people whose claims you should consider. Ask the solicitor to arrange suitable support and any assessment needed. Capacity to make a will is not simply the same question as capacity to manage everyday finances.

Keep the decision free from pressure

You should make your will voluntarily. It is all right to ask to speak with the solicitor privately. Tell them if anyone is pressuring you, withholding support, deciding for you or asking you to sign something you do not understand. Do not sign just because someone says it is urgent. An advocate may help you express your wishes, but cannot make the will-making decision for you.

Choose an executor

An executor is a person named to deal with your estate after your death. Ask whether they are willing and able to take on the responsibility. You can discuss appointing someone you trust or a professional. Ask about professional fees and what happens if your chosen executor cannot act. Make sure the executor knows where the completed will is kept.

Sign and witness it correctly

For an ordinary adult will in England, you must be at least 18, make it voluntarily, have the required capacity and follow the written signing rules. Normally you sign while two adult witnesses are together watching; they then sign in your presence. Do not use a beneficiary, or their spouse or civil partner, as a witness. If you cannot physically sign, ask the solicitor how lawful signing on your behalf can be arranged. Do not improvise.

Think about people who depend on you

Tell the solicitor about children, a partner, dependants and anyone who might expect financial support. Ask about guardianship, trusts or other arrangements where relevant. If someone receiving an inheritance gets means-tested benefits or council-funded care, seek specialist advice about the effect before choosing arrangements. A trust is not automatically the right answer or a guarantee that benefits will continue unchanged.

Keep the will safe and up to date

Agree safe storage and tell your executor where the original is. Review it after important changes such as marriage, civil partnership, separation, a birth, a death or a change in property. Marriage or civil partnership usually cancels an earlier will, so get advice before the ceremony. Changes need the correct legal process: use a new will or a properly prepared alteration rather than writing over the old document.

If someone cannot make their own will

A relative, attorney or deputy cannot simply write and sign a new will for someone else. A Court of Protection application for a statutory will may be needed where the person lacks the required capacity. The court needs relevant evidence and considers the person’s wishes, values and circumstances. Ask a solicitor experienced in this work about the process, costs and any urgent route. A past assessment for a different decision is not enough by itself.

A will and a funeral plan are different

A will deals with your estate after death. A prepaid funeral plan is a separate contract for agreed services. You can also record funeral preferences separately and tell the people likely to arrange things. Keep them easy to find, because the funeral may be arranged before everyone has read the will. Our funeral guide has questions about wishes, costs and plans.

Making a will

What is a will?

Your choices matter

Get ready

Ask for legal help

Get the support you need

Check your understanding

Make your own decision

Choose who will sort things out

Signing matters

Think about other people

Keep it safe

If someone cannot make a will

Funeral wishes

What you can do next

More useful links