1. Step One- Go to the “My Wishes” page. This page includes 10 Questionnaires.  Please answer the questions in each Questionnaire.  Your answers to these questions are your instructions for your draft will.- Each time you complete a Questionnaire; a summary of your instructions will be displayed on your “My Wishes” page (below the Questionnaire buttons).

2. Step Two- After you have provided answers to ALL 10 Questionnaires, you will be able to preview your draft will by selecting the Preview Button.- Please carefully review the Summary of your Instructions on your “My Wishes” page. You can edit your answers at any time.

3. Step Three- When you are satisfied that the Summary of your Instructions accurately displays your intentions, you can purchase your draft will by selecting your preferred purchase package. You have two choices:- Option One includes a professional review. We will contact you by email to confirm when the review has taken place and includes instructions for signing.- Option Two includes a professional review. We will contact you by email to confirm when the review has taken place and professionally print, bind and post your will to you with instructions for signing.

4. Step Four- After you have followed the instructions for signing your draft will in the presence of two independent witnesses, you have the option to email a copy of your signed will (e.g. phone pictures of each page of your will) to completedwills@selectwills.com for a final review. We will email you with confirmation that we are satisfied that the will appears to have executed correctly or notify you of any concerns.  Select Wills Ltd will not retain a copy of your signed will and Select Wills Ltd will delete all files supplied by our Customers in connection with Step Four after the final review has taken place.

5. Step Five- Store your signed will in a safe place as per our storage instructions.

THIS INFORMATION IS TO HELP YOU DECIDE HOW TO ANSWER THE QUESTIONS WHEN YOU CREATE YOUR WILL

1. Who is an executor?

When a person dies, it is necessary to identify who has the authority to deal with the deceased’s property and their finances (the deceased’s estate) and obtain a grant of representation to administer the estate. This person is referred to as the personal representative (PR). The PR may be:

An executor, where the deceased left a will appointing an executor.

An administrator, where there is a will but no executor willing or able to act, or there is no will.

The purpose of naming an executor in your will is to make it clear who you would like to administer your estate after you die.

In essence, the person or persons you select as your executor(s) will have responsibility to distribute the gifts in your will, along with various other functions – see paragraph 2 below.

2. Roles often carried out by an executor

Dealing with someone’s affairs when they die can be a very confusing and distressing time. There are procedures that need to be followed in order for an estate to be administered and wound up.

The duties of an executor will vary depending on the size of the estate and the type of assets involved.  Here are some common tasks an executor carries out:

Registering the Death – The first task it likely to be registering the death and obtain a Death Certificate. This should be done at the nearest Registrar of Births, Deaths and Marriages. It is a good idea to get one or two extra copies of the Death Certificate, as these will likely be useful during the administration of the estate.

Funeral – your Bank and Building Society accounts will be frozen at death but they will usually pay out small sums to meet the funeral costs on production of a Death Certificate and the original funeral account.

Assets and Liabilities – your executor(s) will need to ascertain the total value of the deceased’s estate as at the date of death, taking into account any liabilities.  The assets may include, for example, all property, bank, building society and savings accounts or certificates, stocks and shares and insurance policies.  It may be necessary to obtain professional valuations of some assets, for example the deceased’s house and contents.

All relevant authorities should be notified as soon as possible of the death such as the DSS, the Tax Office, Banks and / or Building Societies where you hold assets and liabilities.

Inheritance Tax – Depending on the size of the estate, you executor may need to complete forms for the Inland Revenue for Inheritance Tax purposes, and perhaps pay Inheritance Tax.  Inheritance Tax is beyond the scope of this guide.  However, for more information see the government website: https://www.gov.uk/inheritance-tax

Applying for a Grant of Probate – The Executor needs to apply for a Grant of Probate, which is the legal document which gives the Executor the authority to deal with the deceased person’s estate.

Distributing your assets to your beneficiaries – your will will provide details of who you wish to benefit from your assets (your beneficiaries).  Your executors should transfer your net assets to your beneficiaries as directed in your will.   Receipts should be retained by your executors.

3. Things to consider when deciding who to appoint as your Executor

An executor needs to be 18 years or older to apply for a grant of probate.

An executor needs to have mental capacity.

An executor does not have to accept the role of executor, even if they are nominated by you to carry out this function in your will.  If your primary executor pre-deceases you or is unable or unwilling to act, then the role would pass to those persons you have nominated as your substitute executor(s).

It may be wise to consider selecting the person(s) you have named as your primary beneficiary or primary beneficiaries to also act as your primary Executor(s).  Your Executors control how the estate is administered, so it can be useful if your Executor(s) is also a  Beneficiary because it gives that person the option to administer the estate in the manner that they see fit.  Bear in mind that your Executor has the option to employ professional advice to support them in the role of administering your estate if they wish to do so.

It may be wise to select a person or persons who are likely to survive you.

We recommend avoiding selecting the following categories of people to act as your primary an executor:

People who lack mental capacity; or

People who do not have a good reputation or may not easily be traced.

4. When might a person nominated as an Executor decline to act?

Willingness to act may not be forthcoming for a number of reasons. For example:

An executor may be ill

They may consider the appointment to be too onerous

Their work or business commitments may be very time-consuming or it may be impractical for them to act where they do not live in the country in which the estate is being administered.

The executor may also have doubts about the validity of the will or be concerned that there are insufficient funds in the estate to meet its liabilities.

THIS INFORMATION IS TO HELP YOU DECIDE HOW TO ANSWER THE QUESTIONS WHEN YOU CREATE YOUR WILL

1. Who are the beneficiaries in my will?

The beneficiaries are the person(s) and / or organisation(s) that you nominate to receive money, property, or other assets in your will.

Your Primary Beneficiaries will receive your gifts ‘in priority’ to your Substitute Beneficiaries, meaning that your Substitute Beneficiaries will only receive your gifts in the event that they survive your Primary Beneficiaries.

Your gifts may be ‘specific’ meaning that they are individually defined in your will, or they may be described as a percentage or proportion of your residuary estate.

2. What is my residuary estate?

Your residuary estate is the remaining assets in your estate after all debts, taxes, and specific gifts have been paid.

PLEASE READ THESE INSTRUCTIONS CAREFULLY BEFORE MAKING ARRANGEMENTS TO SIGN YOUR WILL

1. Who is involved in signing a Will?

The Testator – this is the Willmaker, or the person who makes the will.

Two Witnesses – these are the people who witness the Testator sign his or her will.

2. Steps to sign a valid will

The will must be in writing and the Testator must sign it, or another person must sign it in their presence and at their direction.

The signature must be either made or acknowledged in the presence of at least two witnesses present at the same time.  It is important that there is a clear line of sight between the parties involved in the will signing.  Therefore, the testator and the witnesses should be able to see each other and stay present in the room to watch all parties sign the will.

Each witness must sign the will, or acknowledge their signature, in the presence of the Testator.

3. Example Execution page

Below is a example execution page of a Testator named, ‘James William Turner’ who signs his will in front of two witnesses named ‘Emily Jane Carter’ and ‘David Thomas White.’  Signatures are written in italics.  Information to be inserted is written in green ink.

4. Other formalities

The Testator’s signature must be original, so a photocopied signature is not sufficient.

5. Choosing witnesses

Witnesses should be conscious of what they are attesting and capable of giving credible evidence about execution if needed.  The following people should not be used as witnesses:

A blind person

People aged under the age of 18 years old

People who lack mental capacity

People who do not have a good reputation or may not easily be traced; or

Family members of the Testator because their evidence might be seen as partial  and they are also likely to be beneficiaries or married to beneficiaries

6. Witnesses cannot benefit from a will

A will cannot make a valid gift to:

A witness;

The witness’s spouse (including same-sex spouse) or civil partner. (It does not matter if a witness is the spouse or civil partner of the other witness, provided that neither of them is a beneficiary of the will.);

A beneficiary whose interest derives from any of these.

7. Examples of defects in the way the will is signed

Examples of defects in execution TO AVOID are:

The testator’s signature is below the signatures of the witnesses

Only one witness has signed the will

8. Printing and binding the will

If you choose Option One, you will need to  print and bind your will.  We recommend that you bind the pages of your will in order using a stapler.  It is important that you will does not show any signs of damage or tampering.  It is not sufficient for the will to be attached by a paperclip.  If you choose Option Two, we will print and professionally bind your will and post it to you for you to sign.

PLEASE READ THESE INSTRUCTIONS CAREFULLY BEFORE MAKING ARRANGEMENTS TO STORE YOUR WILL

1. Storing your will

Currently, the Probate Registry in England and Wales will store your will for a fee. You can store your will with the Probate Service through a service called “Safe Custody.  For more information about this service, please go to:

https://www.gov.uk/government/publications/store-a-will-with-the-probate-service/how-to-store-a-will-with-the-probate-service

As of the February 2025,  there is a one-off charge of £22 to deposit a will or its codicil, payable by cheque or postal order to HM Courts and Tribunals Service.

Alternatively, you can choose a safe place to store you will at home.  You need to assess the risks of keeping your will at home, such as, fire risk, theft or simply losing or forgetting where you have stored it.