Key questions solicitors ask when writing a Will in the UK

Writing a Will is essential to ensure your wishes are carried out after your death. Solicitors ask a series of key questions to help draft a legally valid Will that reflects your intentions. Here’s a summary of the most common queries, so that you will be prepared at the initial meeting:

1. Personal information

The solicitor will begin by confirming your:

• Full name, address, and date of birth and contact details.
• Marital status and details of family members. This may include children/dependants from previous relationships, so please be prepared to discuss all these details.

2. Assets and debts

You’ll need to provide details on the following so we suggest you bring these along to the meeting:

• Your assets and their value (property, savings, investments, life insurance, pensions in the UK or overseas).
• Any joint assets (which may pass automatically to the surviving owner).
• Any significant debts, including loans and family financial arrangements
• Any gifts you’ve made.

3. Inheritance tax

Once the solicitor has details of your assets and debts, they will usually give you some brief advice on Inheritance tax and how this may affect your estate on death. They may ask if you are concerned about Inheritance tax and if you would like advice on how to mitigate Inheritance tax.

4. Executors

Executors manage your estate. You’ll need to decide:

• Who will act as your executors.  This could be family, a friend, or a professional.  Executors can be beneficiaries.
• If you want a backup executor in case the primary one can’t act.

5. Beneficiaries

Your solicitor will ask about who you want to inherit your estate:

• Who you want to benefit (family, friends, charities). You may want to divide your estate into percentages or shares which given to different people.
• The specific gifts of personal items (such as jewellery or cars etc) or cash amounts for each beneficiary.
• Any conditions attached to inheritances (e.g., a certain age)
• If you are leaving out children or other dependants, they may ask why you do not wish to benefit them and take further details

6. Guardianship for children

If you have children under 18, the solicitor should ask who should be their guardian(s) if both parents pass away. You can also set up financial provisions for their care.  Please be ware such provisions are merely strong statements of intention and may not always be appropriate.

7. Trusts

If any beneficiaries are minors or require long-term financial support, such as due to financial naivety or substance abuse, you might set up a trust. The solicitor will ask:

• If you want to create a trust in your Will to hold your assets.
• Who should be the trustee(s) to manage it.

There are different types of trust, that work in different ways so the solicitor will talk you through those that might be suitable and how they work, as well as the taxation of any trust.

8. Funeral wishes

While not legally binding, many people specify:

• Whether they prefer burial or cremation and where they’d like to be laid to rest.

9. Witnesses

A will must be signed by you in the presence of two independent witnesses, who cannot be beneficiaries. The solicitor will confirm who will act as your witnesses.  (This may be the solicitor and other staff members.)

10. Special considerations

Finally, the solicitor may ask about any foreign assets, business interests, or specific pet care instructions.

By asking these questions, solicitors ensure that your will is clear, valid, and legally binding. Proper planning helps ensure your estate is managed according to your wishes, providing peace of mind for you and your loved ones.

Further guidance and support

If you require any further guidance or support on the issues covered in this article, please get in touch with our Private Client team today.

Our team of specialists Wills and inheritance tax lawyers are based in Maidstone and Canterbury and are ready to help with any legal advice you may require so please get in touch.

This content is correct at time of publication