Before You Make a Will: 10 Decisions to Make First

A Will is only as good as the thought behind it. The document itself — the legal wording, the witnesses, the signature — is straightforward. What takes time is working out exactly what you want, and for whom.

The ten decisions below are the ones a Will writer will guide you through. Thinking about them in advance means you arrive prepared, your wishes are clearer, and your Will is more likely to hold up exactly as you intended.

The 10 Decisions

• 1
  Who benefits from your estate?

  Start with your primary beneficiary — usually a spouse or partner — then think about who inherits if that person dies before or at the same time as you. A Will with only one layer of beneficiaries can leave your estate passing somewhere entirely unintended.

• 2
  At what age should children inherit?

  If children are beneficiaries, do you want them to inherit at 18, 21, or 25? An 18-year-old receiving a large inheritance outright is rarely ideal. A trust within your Will lets you hold assets until the age you choose, with trustees managing the funds in the meantime.

• 3
  Who do you trust as your executor?

  Your executor carries out the instructions in your Will — applying for probate, gathering assets, settling debts, distributing to beneficiaries. It's an administrative role that can take many months. Choose someone organised and trustworthy, and check they're willing to act. You can appoint two executors, and a professional executor is also an option for complex estates.

• 4
  Who should be guardian for your children?

  If you have children under 18, this is one of the most important decisions in your will. Without a named guardian, a court decides who raises them. Your chosen guardian should share your values, have a close relationship with your children, and — crucially — have agreed to the role. See our full guide on naming guardians.

• 5
  Are there specific gifts you want to make?

  A Will can leave particular sums of money or specific items — a piece of jewellery, a car, a sum to a close friend — to named individuals or charities. If you want to leave a gift to a charity, you'll need the charity's full name and registered charity number. Search the charity register at gov.uk/find-charity-information if you're not sure of the number.

• 6
  What are your funeral wishes?

  A Will can record your preference to be buried, cremated, or to have your body donated to medical science. While your Will isn't always read before the funeral takes place, recording your wishes here — and telling your executor — ensures they're known and respected. You can also leave more detailed instructions in a separate letter of wishes.

• 7
  Is there anyone you want to exclude?

  You may have reasons — financial, relational, or otherwise — for wanting to exclude a family member from your estate. A Will lets you do this explicitly. If you do exclude someone who might reasonably expect to benefit (a child, for example), it's worth recording your reasons, as this can help defend against a future claim under the Inheritance (Provision for Family and Dependants) Act 1975.

• 8
  What happens if all beneficiaries die at the same time?

  This is the "ultimate contingency" — sometimes called the doomsday clause. If everyone named in your Will predeceases you simultaneously (in an accident, for example), who should receive your estate then? Without an answer here, your estate could fall into intestacy, passing under the Rules of Intestacy rather than your wishes.

• 9
  Do you want to set up a Lasting Power of Attorney?

  A will only takes effect after death — it cannot help if you lose mental capacity while you're still alive. A Lasting Power of Attorney (LPA) fills that gap, letting a trusted person manage your finances and/or health decisions if you're unable to. If you're making a Will, it's the ideal moment to consider an LPA at the same time. If so, think about who your attorney/s would be.

• 10
  Do you want to leave trust funds for future generations?

  If you have grandchildren, or want to provide for beneficiaries who aren't yet born, a trust can be a powerful tool. Trusts can also protect assets from care costs, provide for a vulnerable beneficiary, or manage inheritance tax. A Will-based trust is set up within your Will itself and only takes effect on your death, keeping control in your hands for now.

A Few Things to Gather

Once you've worked through those decisions, it helps to have a few practical details to hand:

• Full names and current addresses of beneficiaries, executors, and guardians
• Charity names and registered charity numbers for any charitable gifts
• A rough sense of your estate — property, savings, investments, pensions, significant possessions
• Details of any existing Will (to be revoked or updated)
• Names of any proposed LPA attorneys if you're setting those up at the same time