If you haven’t made a valid will, it may be time to consider it. If you die without making a will, you risk failing to provide for those you care about. This is especially true for people who have divorced, entered into new partnerships or are members of blended families. The complexity and diversity of modern relationships dictate the importance of maintaining a valid and up to date will.

When making a will, it is important that consideration be given to various matters. The appointment of a capable, trusted person as executor is important, as he or she is ultimately responsible for carrying out your wishes under the will. An executor can be a professional (for example, a solicitor or trustee), a family member or a trusted friend. A beneficiary under your will can act as an executor. If the executor you have appointed is not a professional, then, usually, he or she will seek legal advice on the contents of your will and instruct a solicitor to handle the obtaining of probate and administration of your estate.

Your will should clearly list your assets and how you wish to distribute them. All personal property (cash, shares, jewellery, and other possessions) and real property (your home and any other land or property) should be itemised and distributed to those persons you wish to provide for. You should ensure that you clearly name all beneficiaries under your will to prevent any dispute as to identity at a later date. In addition, when making your will, you should ensure that your executor knows of its existence and its whereabouts (giving him or her your solicitor’s name and address would be useful). Remember, your will should be kept for safekeeping in a fireproof safe or deposit box – preferably with your solicitor or bank. You should retain a copy of the will. Your executor should also be made aware of the existence and whereabouts of any property that cannot be easily located after your death, for example, jewellery kept in safe storage outside of the home.

While it is possible to make a valid will without obtaining legal advice, it is strongly recommended that you consult a solicitor instead of doing it yourself. Although making a will may appear straight forward, there are many traps for the unwary. By discussing your will with a solicitor, you will be able to ensure that you have covered all aspects of your affairs, prepared and drawn up a valid will, and fully understood the effects of existing relevant legislation. Issues such as the rights of dependants to challenge a will, the need to regularly review and update your will, and the use of powers of attorney can all be fully explained to you.

Making and maintaining a valid will is not difficult and it is something that we should all do. Don’t put it off until it is too late.