When to get advice before making a will

Does anyone need extra protection?

A solicitor can help you think through what your choices would mean for the people in your life. Advice is useful if:

• you have children from different relationships;
• you want to provide for an unmarried partner;
• someone relies on you for money or care;
• you plan to leave out someone who may expect to inherit;
• you want a person to stay in your home after you die;
• a family argument or claim seems likely.

These points do not stop you making a will. They mean the wording and wider plan may need closer attention.

Are your assets or wishes complex?

Get advice if you own a business, a farm or property abroad. The same applies if you live outside the UK, share property in an unusual way, or have questions about tax.

A trust is a legal arrangement where people manage assets for others. If you want a trust or conditions on a gift, ask how it would work in practice. Check the costs, who would manage it and what could happen if circumstances change.

Do not rely on a promise that a will or trust will always prevent care fees, tax or a future claim.

Can you make the choice freely?

You must understand the will and make it by choice. Get specialist advice if memory, illness, pressure or someone’s influence raises concerns.

A diagnosis on its own does not answer every question about a person’s ability to make a will. Tell the solicitor about the concern so they can decide what checks are needed.

If you are helping a relative, let them express their own wishes. Do not complete a will as though their choices were yours.

Take one useful next step

Write a short private note with four headings: people, assets, wishes and questions. Include anyone who relies on you and anything you find hard to explain.

You do not need perfect figures before asking for help. Tell the firm what worries you, ask whether it handles that kind of work, and request a clear outline of fees.

These points relate to wills in England and Wales. If another country is involved, say so when you contact the firm. Find the right UK guidance.