Your Guide to Making a Will

FAQs

Creating a will is a profound act of stewardship and love. It ensures that after your passing, your wishes are honoured, and your loved ones are cared for. This guide answers your questions about leaving a legacy that reflects your faith and values.

What is a will?

A will is a legally binding document that puts you in control of what happens after you’re gone. It’s your opportunity to decide who inherits your money, property, and possessions—and who will be entrusted to carry out these important wishes.

Creating a will is also a chance to:

  • Choose guardians for your children, entrusting them to people who share your values.
  • Appoint trusted people to manage your estate with integrity.
  • Support charities or causes close to your heart, continuing your life’s mission.
  • Reduce potential family disputes during an already difficult time, promoting peace and unity.

A will isn’t just about protecting your assets; it’s about protecting the people you love and ensuring your values live on.

What happens if I don’t make a will?

If you pass away without a valid will (known as dying ‘intestate’), the law will decide how your estate is distributed. This process follows strict legal rules, which may not reflect your true intentions. Your assets could go to distant relatives instead of the people or causes you cherish most.

For unmarried partners, even those who have built a life together, the law does not automatically provide for them. This can lead to great hardship and distress.

What does ‘estate’ mean?

Your estate is everything you own. It’s a reflection of the life you’ve built and includes:

  • Money: Cash, bank accounts, and any money owed to you.
  • Property: Your home and any other real estate, including any property overseas.
  • Investments: Shares, bonds, and other financial assets.
  • Personal Belongings: Cherished items like jewellery, vehicles, and furniture.
  • Pensions and Insurance: Payments from life insurance or pension funds.
  • Digital Assets: In some cases, items like cryptocurrency are also included.

Why is making a will so important?

Without a will, your estate is shared out according to the ‘rules of intestacy’. This is a strict legal formula that may not align with your wishes.

  • For Unmarried Partners: These rules do not automatically recognise unmarried partners, regardless of how long you have lived together or if you have children.
  • For your Family: A close relative would need to apply to become an ‘administrator’ to manage the process, which can be complex and time-consuming.

By making a will, you provide clarity and comfort for your loved ones, making a difficult time a little easier.

Who can I leave gifts to?

You can leave your assets to any person or charity you choose. These beneficiaries can be your partner, children, friends, or organisations whose mission you believe in, like Church Army. You can also make provisions for beloved pets. A will ensures your legacy of kindness extends to all those you care about.

I don’t think I have much to leave. Should I still make a will?

Every gift, no matter the size, has value. You might overlook possessions with significant sentimental meaning that you’d wish to leave to a particular person. A will also allows you to express your wishes for your funeral arrangements, providing clear guidance for your family. It is a final testament of your intentions and a great comfort to those you leave behind.

What are the key benefits of making a will?

  • You’re in control: You decide who inherits your estate, ensuring your legacy aligns with your values. You can also include gifts to charities that are important to you.
  • You provide for your family: You can appoint guardians for children under 18, giving you peace of mind. A clear will also reduces stress and the potential for arguments among loved ones.
  • You can be a good steward: A well-planned will can help manage Inheritance Tax and ensure your assets are distributed wisely, such as placing them in a trust for children until they reach a suitable age.

What are common mistakes to avoid?

It’s vital to ensure your will is legally valid. Common pitfalls include:

  • Improper signing or witnessing: This can make the entire will invalid.
  • Failing to update it: Life events like marriage, births, or deaths should prompt a review of your will.
  • Using ambiguous language: Unclear wording can cause confusion and disputes.
  • Attempting a DIY will without guidance: Seeking professional advice is the best way to ensure your wishes are correctly recorded and legally binding.

What is the free will-writing service with Octopus Legacy?

Through our partnership with Octopus Legacy, you have the opportunity to write a simple will for free. Octopus Legacy was founded by Sam Grice after his mother’s sudden death, with a mission to make planning for the future simpler and more compassionate.

Through this service, there are no charges or hidden costs for a simple will.

Do I have to leave a gift to Church Army?

While we would be deeply grateful if you considered leaving a gift in your will to support our work, there is absolutely no obligation to do so. Your decision to use this free service is entirely separate from your decision to leave a legacy gift.

Do I have to use Octopus Legacies to leave a gift to Church Army?

No, you don’t. You can leave a gift to Church Army in your will no matter who you choose to write it with. Simply provide our details to your solicitor. We always recommend seeking professional advice to ensure your final wishes are clearly and correctly followed.