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개요
A will is a legal document that sets out how you want your estate (property, money, and possessions) to be distributed after your death. In England & Wales, the formal requirements for a valid will are set out in the Wills Act 1837 (as amended). If you die without a valid will (intestate), your estate is distributed according to the Intestacy Rules, which may not reflect your wishes. Making a will is particularly important if you have children, own property, are unmarried but in a relationship, or want to leave specific gifts to particular people or charities.
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- You must be 18 or over (with limited exceptions for military personnel on active service)
- You must have testamentary capacity — you must understand the nature and effect of making a will, the extent of your estate, and any claims on it (Banks v Goodfellow [1870])
- The will must be made voluntarily, without undue influence or fraud
단계별 절차
Take Stock of Your Estate
Before drafting a will, list all your assets: property, bank accounts, savings, investments, pensions (note: some pensions are dealt with outside the will via nomination forms), life insurance policies, vehicles, valuables, and any debts or liabilities. Consider the approximate total value, as this may affect inheritance tax planning.
- Remember jointly-owned property — if held as 'joint tenants' it passes automatically to the surviving owner regardless of the will
- Pension death benefits are usually dealt with by a separate nomination form, not the will
- Consider any assets held abroad — they may require a separate will in that jurisdiction
Decide How to Distribute Your Estate
Decide who you want to benefit (beneficiaries), what gifts you want to make (specific items, cash legacies, shares of the residuary estate), and who should be your executor(s) — the person(s) responsible for administering your estate. You should also consider appointing guardians for any minor children.
- Appoint at least one executor (and ideally a substitute) — they can be a beneficiary, family member, friend, or professional (solicitor, bank)
- Be specific about gifts: 'my gold watch to my daughter Jane' is clearer than 'my jewellery to my children'
- Consider what happens if a beneficiary dies before you — include substitutional gifts
- If you have minor children, appointing a testamentary guardian is one of the most important things you can do
Draft the Will
You can draft a will yourself, use a will-writing service, or instruct a solicitor. A solicitor is strongly recommended for complex estates (trusts, business assets, blended families, inheritance tax planning). The will should include: your full name and address, a revocation clause (revoking all previous wills), appointment of executors, specific gifts, the residuary estate clause, a guardian clause (if applicable), and any conditions or trusts.
- Avoid DIY wills for complex situations — poorly drafted wills cause expensive disputes
- Use clear, unambiguous language — the court construes the will as it reads
- A solicitor-drafted will typically costs £150–£500 for a straightforward will, more for complex estates
- Consider using Free Wills Month (March and October) or a charity will scheme to reduce costs
Execute the Will (Signing Requirements)
Under s.9 of the Wills Act 1837, for a will to be valid it must be: (a) in writing, (b) signed by the testator (or by some other person in the testator's presence and by their direction), (c) the testator must intend by their signature to give effect to the will, and (d) the signature must be made or acknowledged in the presence of two witnesses present at the same time, who then each sign the will in the presence of the testator.
- Both witnesses must be present at the same time when the testator signs or acknowledges their signature
- Witnesses (and their spouses/civil partners) must NOT be beneficiaries under the will — if they are, their gift is void (s.15 Wills Act 1837)
- There is no requirement for the will to be dated, but it is strongly recommended
- The witnesses do not need to read the will or know its contents — they are witnessing the signature only
Store the Will Safely
Keep the original will in a safe place: with your solicitor, at a bank, or registered with the Probate Service's storage scheme. Tell your executors where the will is stored. A lost or destroyed will can cause significant problems — if the original cannot be found after death, there is a presumption that it was destroyed with the intention of revoking it.
- Do NOT keep the will in a safety deposit box that only you can access
- Consider registering the will with Certainty, the National Will Register
- Give your executors a copy and tell them where the original is stored
- Review your will every 3–5 years or after major life events (marriage, divorce, birth of children, significant changes in assets)
비용
중요 경고
Marriage automatically revokes a will (unless the will was made 'in contemplation of' that specific marriage). If you marry after making a will, you need a new one.
Divorce does not revoke a will, but gifts to a former spouse take effect as if the former spouse had died on the date the marriage was dissolved. Review your will after divorce.
If someone dies intestate (without a will), unmarried partners receive nothing under the Intestacy Rules — regardless of how long they have lived together.