Making a Will: The Legal Process and What to Expect

For many people, visiting a solicitor can feel overwhelming, especially if they have never had to deal with a law firm or speak to a solicitor before. It is common to associate legal services with complex jargon, lengthy delays and significant expense.

At some point in our lives, most of us will need legal advice, whether that is buying or selling a property, dealing with family matters, or making a Will. However, many people delay making a Will because they are uncomfortable discussing death or are concerned they will not understand the process.

This guide explains the legal process of making a Will, what information you may need to provide, and what you can expect when meeting with a solicitor.

What Is a Will?

A Will is a legal document that takes effect upon your death. It sets out your wishes regarding who should inherit your estate, including your money, property, investments and personal belongings. It also appoints Executors, who are responsible for administering your estate in accordance with your wishes.

Making a Will often involves meeting with a solicitor who can provide advice tailored to your circumstances. In addition, factors such as your wealth, family situation, inheritance tax position and health can all influence the advice you receive. Obtaining the right advice helps ensure your Will accurately reflects your wishes and achieves the intended outcome.

Why Is Making a Will Important?

Many people assume that their assets will automatically pass to their loved ones. However, if you die without a valid Will, the Rules of Intestacy will determine how your estate is distributed. which may not reflect your wishes.

A professionally drafted Will can help you:

• Decide who should inherit your estate.
• Appoint trusted Executors.
• Provide for children and dependants.
• Protect vulnerable beneficiaries.
• Consider inheritance tax planning opportunities.
• Reduce the likelihood of disputes after your death.

What Is the Process of Making a Will?

Step 1: Meeting With a Solicitor

Once you have arranged an appointment, you will usually meet with a solicitor to discuss your wishes and provide instructions for your Will. The solicitor may ask to see you alone to ensure that your instructions are your own and that there has been no undue influence or coercion.

During the appointment, the solicitor will take details of your personal circumstances and provide advice tailored to your situation. They will also discuss the options available and explain how a Will can best achieve your wishes.

Step 2: Receiving Your Client Care Pack

Once your instructions have been confirmed, we will send you a Client Care Pack.

This typically includes:

• A summary of your instructions.
• Details of the work to be undertaken.
• Information about costs.
• The firm’s terms and conditions.
• Relevant procedures and policies.

We will normally ask you to sign and return an authority confirming that you would like the solicitor to proceed.

Step 3: Drafting the Will

Once your instructions have been confirmed, the solicitor will prepare a draft Will and send it to you for approval. You will then have the opportunity to review the document and request any amendments.

Step 4: Signing the Will

Once you have approved the draft, we will arrange a further appointment for you to sign the Will. The solicitor will review the final version with you before asking you to sign it in the presence of two witnesses. In many cases, the witnesses will be the solicitor and a member of staff. Once properly signed and witnessed, the Will becomes legally valid.

Step 5: Safe Storage

Following completion, we will usually provide a copy of the Will for your records, while the original document is safely stored by the solicitor. Professional storage helps protect the document from loss, damage or accidental invalidation.

What Should I Expect at My Initial Will Appointment?

To provide appropriate advice, your solicitor will need to build a clear picture of your circumstances.

This often includes discussions about:

Marital Status

Your marital status can affect inheritance tax planning and determine whether additional provisions may be beneficial.

For example:

• Marriage can impact how an estate is taxed.
• Previous divorces may give rise to inheritance claims.
• Future marriages can revoke an existing Will unless you include specific provisions.
• Second marriages may benefit from trust arrangements.

Children and Dependants

If you have children, grandchildren or other dependants, your solicitor may discuss:

• How funds should be managed for beneficiaries under 18.
• Provision for future children or grandchildren.
• Trust options for young or vulnerable beneficiaries.
• Tax reliefs that may apply when you leave assets to direct descendants.

Health Considerations

Your solicitor may ask about your health and the health of your intended beneficiaries.

This can help identify circumstances where:

• You may need to complete your Will urgently.
• Additional protections may be appropriate.
• Trusts could benefit certain beneficiaries.
• Future care considerations should be discussed.

Family Dynamics

Family relationships often play an important role when drafting a Will.

Your solicitor may discuss:

• Family members you do not wish to benefit.
• Potential claims against your estate.
• Blended families and previous relationships.
• Whether you would benefit from preparing a Letter of Wishes.

Financial Circumstances

Understanding your assets and liabilities helps ensure your Will is drafted appropriately.

Discussions may include:

• Property ownership.
• Savings and investments.
• Tax planning opportunities.
• Business interests.
• Future changes to your estate.

What Information Do I Need to Provide?

To prepare your Will, your solicitor will generally require:

• Your personal details.
• Information about your assets and liabilities.
• Details of your family circumstances.
• Information about any dependants.
• The names of your chosen beneficiaries.
• Your instructions regarding how your estate should be distributed.
• Details of who should inherit if a beneficiary dies before you.

Providing accurate and complete information allows your solicitor to offer advice that is specifically tailored to your circumstances.

Frequently Asked Questions

How Thornton Jones Can Help

At Thornton Jones Solicitors, our Private Client team can provide tailored advice based on your personal circumstances. Whether you require a straightforward Will or more complex estate planning advice, we will take the time to understand your wishes and provide clear, practical guidance throughout the process.

We are committed to ensuring your wishes are properly documented and that your loved ones are protected in the future. If you would like to discuss making a Will, please contact our team to arrange an appointment.

The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.