Wills, Trusts & Estates · Wills Guide

Part of our wider Wills, Trusts & Estates services

Will Preparation Checklist

Wills Guide Checklist

Everything you need to prepare before making a will — from identifying your assets and choosing your executor, to appointing guardians for children and considering inheritance tax.

Chester-based solicitors acting across Cheshire, North Wales and throughout England and Wales. You do not need to have everything ready before your first appointment — we will guide you through the process.

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How to use this checklist

This checklist covers everything you should think about before making a will. You do not need to have all the answers before your first appointment with us — we will guide you through the process and ask the right questions.

Working through this checklist in advance will help you make the most of your appointment and ensure that nothing important is overlooked.

1. Your personal details

Full legal name

Your full name as it appears on official documents — not a nickname or shortened version.

Current address

Your current home address. If you own property elsewhere, note those addresses too.

Date of birth

Required to identify you and confirm your identity.

Marital status

Whether you are single, married, in a civil partnership, separated, or divorced. Marriage revokes a previous will — if you have recently married, your existing will may no longer be valid.

2. Your assets

Property

List all property you own — your home, any buy-to-let properties, land, or overseas property. Note whether each is owned solely or jointly, and if jointly, whether as joint tenants or tenants in common.

Bank and savings accounts

List all bank accounts, savings accounts, ISAs, and cash holdings. Include the name of the bank and approximate balance.

Investments and shares

List any stocks, shares, investment portfolios, bonds, or other financial investments.

Pensions

Note your pension providers. Pension death benefits usually pass outside your will — check your nomination forms are up to date.

Life insurance

Note any life insurance policies. If written in trust, the payout passes outside your estate. If not, it forms part of your estate.

Business interests

If you own a business or shares in a company, note the details. Business succession planning may require specialist advice.

Vehicles, jewellery, and personal possessions

Note any significant items of personal property — vehicles, jewellery, artwork, antiques, or collections.

Digital assets

Consider cryptocurrency, online accounts, digital content, and any other digital assets. These require specific provisions in your will.

3. Your debts and liabilities

Mortgage

Note the outstanding balance and lender. Your executor will need to deal with the mortgage as part of administering your estate.

Loans and credit cards

List any outstanding loans, credit card balances, or other debts. These must be paid from your estate before it is distributed.

Guarantees

If you have given a personal guarantee for a business loan or other debt, note the details.

4. Your executor(s)

Choose your executor(s)

Your executor is the person who administers your estate after your death. You can appoint one or more executors. Choose someone you trust who is organised and capable of dealing with paperwork and financial matters.

Consider a substitute executor

Appoint a substitute executor in case your first choice is unable or unwilling to act.

Discuss the role with your executor

Tell your executor that you are appointing them and explain what the role involves. Make sure they are willing to take it on.

Consider professional executors

For complex estates, you may wish to appoint a solicitor as executor (or co-executor). We can advise on whether this is appropriate for your circumstances.

5. Your beneficiaries

List your main beneficiaries

Who do you want to inherit your estate? List their full names, dates of birth, and relationship to you. Be specific — "my children" can cause problems if you have children from different relationships.

Consider substitute beneficiaries

What happens if a beneficiary dies before you? Name substitute beneficiaries to avoid the gift failing.

Consider specific gifts

Do you want to leave specific items or sums of money to particular people? Note these separately from the residue of your estate.

Consider charitable gifts

If you want to leave a gift to charity, note the charity's full name and registered charity number. A charitable gift of at least 10% of the net estate reduces the IHT rate from 40% to 36%.

6. Guardians for minor children

Appoint a guardian

If you have children under 18, your will is the only legal mechanism for appointing a guardian. Choose someone who shares your values and is willing and able to take on the role.

Consider a substitute guardian

Appoint a substitute guardian in case your first choice is unable to act.

Discuss the role with your chosen guardian

Tell your chosen guardian that you are appointing them and discuss your wishes for your children's upbringing.

7. Trusts and special provisions

Consider trusts for minor children

If you have children under 18, consider whether you want their inheritance held in trust until they reach a specified age (e.g. 21 or 25) rather than passing to them at 18.

Consider trusts for vulnerable beneficiaries

If a beneficiary has a disability, mental health condition, or is otherwise vulnerable, a discretionary trust can protect their inheritance without affecting their entitlement to means-tested benefits.

Consider a life interest trust for your home

If you own property with a partner, a life interest trust can protect your share for your children while allowing the survivor to continue living in the property.

Consider inheritance tax planning

If your estate may be subject to inheritance tax, discuss trust options and lifetime planning with your solicitor.

8. Funeral wishes

Note your funeral preferences

Your will can record your preferences for burial or cremation, the type of service, and any other wishes. These are not legally binding but provide guidance for your family.

Consider a letter of wishes

A letter of wishes is a separate, non-binding document that can provide more detailed guidance to your executor and trustees — including how to exercise discretion and personal messages to loved ones.

Common mistakes when making a will

These are the most common mistakes we see — and the ones that cause the most problems for families after a death.

Not making a will at all

The most common mistake. Without a will, the intestacy rules decide who inherits — and the outcome is often not what you would have chosen. Unmarried partners receive nothing.

Using a DIY or online will

DIY wills and online will-writing services frequently contain errors that only become apparent after death. A will drafted by a qualified solicitor is less likely to be challenged or fail to achieve your intentions.

Not updating your will after major life events

Marriage revokes a previous will. Divorce does not revoke a will but removes your ex-spouse as a beneficiary. Having children, buying property, or a significant change in your estate should all prompt a review.

Choosing the wrong executor

Your executor has significant responsibilities. Choosing someone who is not organised, not willing, or who may predecease you can cause serious problems. Always appoint a substitute executor.

Failing to appoint guardians for children

If you have children under 18 and die without appointing a guardian, the courts decide who cares for them. This may not reflect your wishes.

Not considering inheritance tax

Many people are unaware that their estate may be subject to inheritance tax. A well-structured will — combined with trusts and lifetime planning — can significantly reduce the tax payable.

Forgetting to update pension nominations

Pension death benefits usually pass outside your will. If your pension nomination form names an ex-spouse or is out of date, the pension may not go to the person you intend.

Witnessing errors

A will must be signed in the presence of two independent witnesses who are both present at the same time. Witnesses must not be beneficiaries. Errors in witnessing can invalidate the will.

Frequently asked questions

What information do I need to bring to a will appointment?

You do not need to bring everything on the checklist to your first appointment — we will guide you through the process. It is helpful to have a rough idea of your assets, who you want to appoint as executor, and who you want to benefit from your estate. We will ask the right questions to ensure nothing is overlooked.

How long does it take to make a will?

For a straightforward will, the process typically takes 1–2 weeks from your initial appointment to receiving the final signed document. More complex wills — involving trusts, inheritance tax planning, or business interests — may take longer. We confirm timescales at the outset.

How often should I review my will?

We recommend reviewing your will every 3–5 years, or after any major life event — marriage, divorce, the birth of a child, a significant change in your assets, or the death of an executor or beneficiary. Marriage automatically revokes a previous will in England and Wales.

Can I make changes to my will after it is signed?

Yes — you can make changes to your will at any time while you have mental capacity. Minor changes can be made by a codicil (a formal amendment to the will). More significant changes usually require a new will. You should never write on or alter the original signed will — this can invalidate it.

What is the difference between a will and a letter of wishes?

A will is a legally binding document that sets out your wishes for your estate. A letter of wishes is a separate, non-binding document that provides guidance to your executor and trustees — for example, how to exercise discretion in a trust, or personal messages to loved ones. A letter of wishes is usually followed in practice but cannot be enforced in the same way as a will.