Please note: Illegitimate and adopted children (but not stepchildren) generally have the same rights of inheritance as other children.
Children excluded from benefit under your Will may have a right to claim a share of your property in certain circumstances. Please ask for advice, if appropriate.
Please note: Jointly owned assets generally pass to the joint owner automatically and cannot be given away in a Will.
Please note: You should make these wishes known to your immediate family as well and not rely on what is in your Will.
If you wish to leave any part of your body for medical purposes, tell your family and your doctor and carry a donor card.
You must appoint executors to carry out the instructions in your Will. It is wise to have at least two and you may appoint your husband/wife/partner as one. You should name other executors to act if he/she is unable to do so.
You may want to appoint one or two people to act as guardian(s) for children under 18. The appointment will usually only apply if you and the child’s other parent are both dead. The position may be different if you are a single parent. Discuss this with the solicitor at your appointment. Guardianship involves a lot of responsibility and you should ask people to agree to act before appointing them.
The main part of your estate is called “the residue”. (This is dealt with at question 16.) Before giving away the residue you may wish to make certain gifts of cash or personal belongings to individual children, grandchildren, friends or to charities. These will be known as “beneficiaries”.
Please give the name and address of the beneficiary and the amount to be given, with the age of anyone who is under 18.
Please give the names and addresses of people to whom you wish to leave specific items, and a full description of the article, to enable it to be identified. Please note that if you sell or replace one of these items, the beneficiary will get nothing – he or she will not be given the substituted item or the cash equivalent.
This is all that you own except jointly owned property and the gifts made in questions 14 and 15. Please state below who is to receive the residue on your death and who is to receive it if they die before you. If there are gifts to your children, we may suggest a provision that if any of them dies before you, leaving children of his/her own, those children (your grandchildren) will inherit their parent’s share.
The following are the more common provisions made.
Please set out below who is to receive the residue and, if more than one person or organisation is involved, in what shares?
Who is to benefit if the recipient dies before you?