Will Writing
A clear, properly executed will sets out how your property, savings, company shares and personal possessions should be distributed and who is responsible for administering your estate.
Without a valid will, statutory intestacy rules decide how an estate is divided — an outcome that does not automatically recognise unmarried partners or stepchildren and can create avoidable complexity for families and family-owned businesses.
Our commercial finance introduction service is for eligible UK limited companies. Estate planning enquiries are handled separately.
Clarity for executors, beneficiaries and family members when it matters most.
Understanding will writing and why individual circumstances matter.
A will is a formal legal document that records your instructions for what should happen to your money, property, investments, business shares and personal belongings after your death. It also names the people you trust — your executors — to gather in your estate, apply for probate where required, settle liabilities and distribute what remains in accordance with your instructions.
Where a person dies without leaving a valid will (known as dying intestate), the law applies fixed statutory rules to determine who inherits. In England and Wales, where a deceased person leaves both a surviving legal spouse or civil partner and children, the spouse receives personal chattels, a statutory legacy (set at £322,000 for deaths on or after 26 July 2023) and half of the remaining estate, while the children share the other half. Crucially, the statutory rules do not automatically recognise unmarried cohabiting partners or stepchildren.
Every household and balance sheet is different. How property title is registered at HM Land Registry (beneficial joint tenants versus tenants in common), whether you hold shares in a private limited company, whether you have children from a previous relationship, and which UK nation you live in all affect how a will should be structured and executed.
BusinessLending.uk does not draft legal documents or provide individual legal or tax advice. We can discuss your estate-planning enquiry and, where an appropriate specialist arrangement is available, explain possible next steps. Any specialist introduction requires your agreement.
Common elements considered when planning a will
General information only. The right structure depends on your personal domicile, family composition and assets.
This may be worth exploring if…
- You do not currently have a valid will and want your wishes recorded clearly rather than left to statutory intestacy rules
- Your family circumstances have changed — for example through marriage, a new child, bereavement, separation or divorce
- You live with an unmarried partner or have stepchildren you wish to provide for explicitly
- You are a company director or shareholder who wants personal estate planning considered alongside business continuity
- You wish to name specific executors, reserve executors, guardians for minor children, or particular gifts and legacies
Core areas and distinctions
- 01
Executors, reserve executors and administrative powers
Executors are responsible for valuing the estate, reporting to HMRC, applying for a Grant of Probate, settling debts and taxes, and distributing assets to beneficiaries. Naming between two and four capable executors — or a primary executor with reserve executors — helps prevent the estate stalling if someone cannot act.
- 02
Single wills, mirror wills and blended-family structures
An individual may make a single will tailored to their own estate. Couples with aligned objectives often explore mirror wills, which set out reciprocal wishes while remaining separate legal documents that either person can later revoke or amend. Blended families often explore whether a life-interest will trust is more appropriate than an outright mirror will.
- 03
Guardianship and age-of-inheritance provisions for children
Parents with children under 18 can use a will to appoint testamentary guardians who take parental responsibility if no surviving parent holds it, alongside clear rules on who manages funds for minor children and at what age (for example, 18, 21 or 25) capital is released.
- 04
Specific gifts, pecuniary legacies and the residuary estate
A will typically distinguishes between specific items or fixed cash legacies left to named individuals or registered UK charities, and the residuary estate — everything that remains once debts, funeral expenses, administration costs, taxes and specific gifts have been paid.
What a specialist will typically review before drafting
- Your domicile and which UK legal jurisdiction applies (England and Wales, Scotland, or Northern Ireland)
- How any property is held at HM Land Registry (sole name, beneficial joint tenants passing by survivorship, or tenants in common passing by will)
- How marriage or civil partnership revokes an existing will under Section 18 of the Wills Act 1837 (unless made in contemplation of that marriage), and how divorce treats a former spouse as having died on the date of the final order under Section 18A
- Who depends on you financially and whether any person might bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975
- Any private company shares, partnership deeds, shareholder cross-option agreements or business property
- Strict compliance with Section 9 signing and Section 15 independent witnessing rules so gifts are not accidentally voided
Costs for professional will drafting depend on whether you need a straightforward single or mirror will or more detailed provision for blended families, property trusts or business assets. Any specialist fees and terms are explained in writing before you decide whether to proceed.
Helpful to consider before an initial conversation
Preparation- A broad overview of your main assets (property, savings, investments, business shares and personal items)
- Full names and current addresses of the people you are considering as primary and reserve executors
- Details of your intended beneficiaries and substitute ('gift-over') beneficiaries
- Names and addresses of proposed testamentary guardians if you have children under 18
- A note of any existing will, codicil, pension nomination forms or joint property ownership arrangements
Nothing here is required before you get in touch — it simply helps frame your first conversation. Please do not send medical records or sensitive account numbers via the website form.
In-depth UK guides on will writing.
Explore our source-supported articles addressing the most common legal questions, timescales and practical pitfalls in the UK.
What Happens If You Die Without a Will in England and Wales? The Intestacy Rules Explained
When someone dies without a valid will, statutory intestacy rules dictate who administers the estate and who inherits. Learn how the £322,000 statutory legacy works in England and Wales, why unmarried partners have no automatic entitlement, and how Scotland and Northern Ireland differ.
Choosing Executors and Legal Guardians in a UK Will: Duties, Risks and Practical Considerations
A will does more than list who receives assets — it appoints the executors who will administer your estate and, for parents of children under 18, the legal guardians who would care for them. Here is what those roles involve in practice.
Seven Will-Writing Mistakes That Trigger UK Inheritance Disputes (and How to Avoid Them)
Even small technical errors in how a will is worded, signed or witnessed can render a gift void or leave an entire estate open to challenge. We examine seven recurring pitfalls under UK succession law.
Discuss will writing for your circumstances.
Complete this short estate-planning enquiry form. It is handled separately from our commercial business finance questionnaire.
Our role & your privacy
BusinessLending.uk does not draft legal documents or provide individual legal or tax advice. We can discuss your estate-planning enquiry and, where an appropriate specialist arrangement is available, explain possible next steps. Any specialist introduction requires your agreement.
Our commercial finance introduction service is for eligible UK limited companies. Estate planning enquiries are handled separately.
Will Writing — frequently asked questions.
Verified answers addressing key UK statutory rules, devolved jurisdiction differences, and how BusinessLending.uk handles enquiries.
Every estate and family situation is distinct. Use our enquiry form above to request an initial, no-obligation conversation.
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