Frequently Asked Questions about Wills

Introduction

We are often asked questions about wills. We highlight some of them in this Wills FAQ.

Can I prepare my own will?

You can, but beware! Stationers' forms and "do it yourself" kits for wills can lead to poorly drafted wills and administrative difficulties for your executors. Common problems with "homemade wills" are a failure to deal with all your property, unclear wording which might force your executors to seek a High Court ruling on the correct interpretation, and a failure to consider such Acts as the Family Protection Act. The courts in recent years have shown a greater willingness to alter wills. We strongly advise that a solicitor, who has the relevant experience, prepare your will.

What information is needed?

We have a form to assist clients before they come in to see a solicitor. It helps if you compile a brief statement of financial position including assets (and their location) and liabilities. Advice about your will can then be adapted to meet your personal and special needs.

Do chattels require special thought?

Our experience demonstrates that many family disputes first arise over the division of personal effects. You can prevent this by having a list of chattels, e.g. daughter to receive jewellery, son to receive tools. Your solicitor can then recommend how your will should deal with these items.

Should I cover funeral arrangements?

There is no requirement to state in your will what you wish to happen. Your executors can make funeral decisions. If there are special considerations however involving some preference or cost then these should be mentioned. An example is a direction to be buried in the family plot or to have a headstone erected.

Can I leave my body to science?

Under the Human Tissue Act people can provide their bodies or certain organs to be used for operations or for medical science. Although not a frequent occurrence, people are considering the matter more carefully than in the past.