Wills

A standard single will is designed for one person:

• to appoint their choice of trusted individuals to act as executors of their estate
• to make specific gifts
• to nominate who will benefit from the rest of their estate
• to appoint guardians for minor children

A standard single will does not include formal trust provisions. It may, however, include non-complex trusts such as gifts to individuals when they reach a certain age.

Standard mirror wills are designed for couples (married or unmarried, civil partners or otherwise), who have similar wishes for the distribution of their estates:

• to appoint their choice of trusted individuals to act as executors of their estates
• to make specific gifts
• to nominate who will benefit from the rest of their estate
• to appoint guardians for minor children

Standard mirror wills do not include formal trust provisions. They may, however, include non-complex trusts such as gifts to individuals when they reach a certain age.

A trust standard will is designed for one person:

• to appoint their choice of trusted individuals to act as executors of their estate
• to make specific gifts
• to nominate who will benefit from the rest of their estate
• to appoint guardians for minor children
• to create trusts as may be necessary to offer increased protection of their assets such as property and possessions

A trust will enables one person or more to hold an individual’s property, possessions or savings subject to certain duties to use and protect it for the benefit of others.

Trust mirror wills are designed for couples (married or unmarried, civil partners or otherwise), who have similar wishes for the distribution of their estates:

• to appoint their choice of trusted individuals to act as executors of their estates
• to make specific gifts
• to nominate who will benefit from the rest of their estate
• to appoint guardians for minor children
• to create trusts as may be necessary to offer increased protection of your assets

Trust mirror wills enable one person or more to hold an individual’s property, possessions or savings subject to certain duties to use and protect it for the benefit of others.

By executing a will, you can:

• Choose who will administer your estate after your death and pass your assets on to your beneficiaries
• Choose who will act as trustee for any ongoing trust created
• Express your preference as to the guardians for any of your infant children
• Dictate to whom your assets pass, and on what terms.
• Express a preference as to your funeral wishes
• Ensure that your estate is distributed in as a tax efficient a way as possible, and that your assets are protected as best they can be

In the absence of a valid will, your estate will pass via the intestacy provisions there is no guarantee that it will pass in the way that you want it to. Our guide to the intestacy provisions can be found on our intestacy rules flowchart document.

Property trusts (right of occupation)

A property trust can be useful to ensure that your spouse or partner is entitled to remain in occupation of your share of the family home after your death but also that your share eventually passes to those you wish to benefit (for example your children) in the event of your surviving partner marrying/remarrying or making a new will.

Life interest trusts (interest in possession)

A life interest trust can be useful for individuals or couples who wish to protect their estates for future generations. The purpose of a life interest trust in your will is to appoint a person to benefit from the income generated from your investments, and to live in the property you own, perhaps to provide continued financial support to a surviving spouse or children, whilst protecting the capital for your chosen beneficiaries or future generations.

Discretionary trusts

A discretionary trust involves the appointment of trustees to manage assets held on trust on behalf of a number of potential beneficiaries, with the ultimate decision as to who of those beneficiaries should benefit, and how, in the hands of the trustees. This is another method of potentially safeguarding assets for future generations. It can assist in the slow release of assets. If, for example, a beneficiary of your will has a disability or is vulnerable, a discretionary trust may be useful as the arrangement can enable their needs to be met from the assets in your estate, without giving them an absolute entitlement. Discretionary trusts are also sometimes useful as part of a tax planning strategy.

A codicil is a supplemental document to a will which makes minor alterations but leaves the rest of the will intact.

There is no limit on how many codicils can be added to a will, but they are only suitable for very straightforward amendments to a will. If a complicated change is involved, we normally advise that it is better to make a new will.

Many people believe that if they have been living with a partner for a number of years they have become “common law husband and wife” and as a result have the same rights as married couples.

Contrary to this commonly held belief, co-habiting couples do not have equal inheritance rights to married couples (see our guide to the intestacy provisions). In fact, a co-habiting partner has no automatic entitlement from their partner’s estate at all.

Unless your will is made specifically in contemplation of a marriage, it will be automatically revoked upon you getting married. This will have the effect of you being intestate and your estate passing by way of the intestacy provisions. Read our guide to the intestacy provisions document for more information.

If you get divorced then, whilst your will will subsist, any gift to your spouse will fail and they will be treated as having pre-deceased you. Depending on the drafting of your will, this could lead to your estate passing in a way that you might not expect and may even result in some or all of your estate passing via the intestacy provisions, notwithstanding the fact that you have a valid will. This is known as your estate being ‘partially intestate’.