It’s also the case, that life can throw the unexpected at us. Its comforting to think of our final years being lived out with the carefree abandon of knowing arrangements are in place for after we're gone, but some of us will be unlucky and die unexpectedly or without time to make proper arrangements because of sudden illness. If you die and don’t make a will the there could be consequences for the people you leave behind. For example, there are certain rules which dictate how the money, property or possessions should be allocated. This may not be the way that would have wished for.

Moreover, unmarried partners and partners who have not registered a civil partnership cannot inherit from each other unless there is a will, so the death of one partner may create serious financial problems for the remaining partner.

A will also ensures that both parents are clear about what arrangements for the children can be made if either one or both parents die.

Finally, taking advice on the preparation of a will and the arrangements for after you’ve gone may result in lower inheritance tax liabilities.

Do I need a solicitor?

If you wish to make a will yourself, you can do so. However, you should only consider doing this if the will is going to be straightforward.

It would be generally necessary to get advice on drawing up and giving effect to a will from a solicitor in the following circumstances.

• you share a property with someone who is not your husband, wife or civil partner

• you wish to make provision for a dependant who is unable to care for themselves

• there are several family members who may make a claim on the will, for example, a second wife or children from a first marriage

• your permanent home is overseas

• you are resident here but there is overseas property involved

• there is a business involved

Even if you don’t have a solicitor write your will for you, it is still generally advisable to use a solicitor or to have a solicitor check a will you have drawn up to make sure it will have the effect you want. Sorting out misunderstandings and disputes after your death may result in considerable legal costs, which will reduce the amount of money in the estate.

You should remember that a solicitor will charge for their services in drawing up or checking a will. They should give you the best possible information about the cost of their services. They should give you this at the beginning of their work with you.

Common will mistakes

• not being aware of the formal requirements needed to make a will legally valid

• not taking account of all the money and property available

• not taking account of the possibility that a beneficiary may die before the person making the will

• being unaware of the effect of marriage, a registered civil partnership, divorce or dissolution of a civil partnership on a will

• being unaware of the rules which exist to enable dependants to claim from the estate if they believe they are not adequately provided for. These rules mean that the provisions in the will could be overturned

• not properly signing and having witnessed

The cost of using a solicitor?

The charges for drawing up a will vary between solicitors and also depend on the complexity of the will. Even so, it is always advisable to check with a few local solicitors to find out how much they charge.

You may have access to legal advice through an addition to an insurance policy which might cover the costs of a solicitor preparing or checking a will. If you are a member of a trade union you may find that the union offers a free wills service to members.

The charity Will Aid has set up a partnership between certain solicitors and nine well-known charities. Every November, participating solicitors will write a basic will free of charge in return for a donation to Will Aid.

The suggested minimum donation is £95 for a basic single will or £150 for a pair of identical wills for a couple.

More information about Will Aid, together with details of participating solicitors, is available at www.willaid.org.uk.

Other help with writing a will

If you are a member of a trade union, you may find that the union offers a free will writing service. A union will often use its own solicitors to undertake this work.

Will-writing services are available. However, will-writing firms are not regulated by the Law Society so there are few safeguards if things go wrong.

Preparing before using a solicitor

To save time and reduce costs when going to a solicitor, you should give some thought to the things you want your will to achieve and have to hand the information they will need.

• who you want to benefit from your will. You should make a list of all the people to whom you wish to leave money or possessions. These people are known as beneficiaries.

• how much money and what property and possessions you have, for example, property, savings, occupational and personal pensions, insurance policies, bank and building society accounts, shares

• who should look after any dependent children

• who is going to “execute” the will – which means sorting out the estate and carrying out your wishes.

Who to choose as executors

It is not necessary to appoint more than 1 executor although it is advisable to do so - for example, in case one of them dies.

It is common to appoint 2, but up to 4 executors can take on responsibility for administering the will after a death.

The people most commonly appointed as executors are:

• relatives or friends

• solicitors or accountants

• banks

• in England and Wales, the Public Trustee or in some cases the Official Solicitor if there is no one else willing and able to act

It is important to choose executors with considerable care since their job involves a great deal of work and responsibility.

Where to keep a will

Once a will has been made, it should be kept in a safe place and other documents should not be attached to it. There are a number of places where you can keep a will:-

• at home

• with a solicitor or accountant

• at a bank

• in England and Wales at the Principal Registry of the Family Division of the High Court, a District Registry or Probate Sub-Registry for safe keeping

Change of circumstances

When a will has been made, it is important to keep it up to date to take account of changes in circumstances.

It is advisable for you to reconsider the contents of a will regularly to make sure that it still reflects your wishes. The most common changes of circumstances which affect a will are:

• getting married, remarried or registering a civil partnership

• getting divorced, dissolving a civil partnership or separating

• the birth or adoption of children, if you wish to add these as beneficiaries in a will

How to change a will

You may want to change your will because there has been a change of circumstances. You cannot do this by simply amending the original will after it has been signed and witnessed. Any obvious alterations on the face of the will are assumed to have been made at a later date and so do not form part of the original legally valid will.

The only way you can change a will is by making either a codicil to the will or a new will altogether. A codicil is a supplement to a will which makes some alterations but leaves the rest of it intact. This might be done, for example, to increase a cash legacy, change an executor or guardian named in a will, or to add beneficiaries. It must be signed by the person who made the will and be witnessed in the same way. However, the witnesses do not have to be the same as for the original will.

There is no limit on how many codicils can be added to a will, but they are only suitable for very straightforward changes. If a complicated change is involved, it is usually advisable to make a new will. The means that If you wish to make major changes to a will, it is advisable to make a new one.

The new will should begin with a clause stating that it revokes all previous wills and codicils. The old will should be destroyed. Revoking a will means that the will is no longer legally valid.