If you die without making a Will, you cannot control who will inherit your property after your death.
Should you die ‘intestate’ (in other words, without writing a Will), your property will be distributed according to intestacy law and this may be inconsistent with your personal wishes.
By making a Will you can determine precisely who will inherit your property and let your loved ones know that you have considered their needs.
Equally important, by writing a Will you can determine who will administer your estate and who you would like to act as guardian for any minor children you have, if they are left without a surviving parent. You can also make a Will to express your preferences for burial or cremation.
Lawpack offers three types of Will:
Irwin Mitchell was founded in 1912. Irwin Mitchell is ranked as one of the largest law firms in the UK and is considered by many in the industry as one of the market leaders in the provision of Will writing services.
The law firm has helped over one million clients with their legal needs and continues to help thousands of people every year who are reassured by dealing with a large, long established law firm.
If you’re making an Online Will and have completed the will questionnaire, you then have 48 hours to make any changes to your Will. Once the 48-hour period has expired, your Will is checked by a qualified Irwin Mitchell legal professional. If there is any part of your Will which causes the Irwin Mitchell’s legal team concern, they will contact you to discuss your wishes.
A final version of your Will is then created online for you to approve. Once you have approved the Will, it will be professionally printed and bound and posted to you, along with a second unbound copy.
Once you receive the Will you must sign and witness the Will in accordance with the instructions Irwin Mitchell provide for it to be legally binding.
Find out more about how the service works.
After you've completed the will questionnaire, you’ll be able to still access your Will for up to 48 hours immediately after you have made your purchase. During this period you’re able to make small changes to your Will.
At the end of this 48-hour period your Will is “frozen”. Irwin Mitchell’s team of legal professionals will then review your Will. If there is any part of the Will which causes them concern, they will contact you to discuss your wishes. They will then provide you with a draft Will which you will access online by returning to Irwin Mitchell’s Will writing website.
When you review your draft Will, you must make sure that it accurately reflects your wishes. At this point you also have a further opportunity to let Irwin Mitchell’s legal team know of any last-minutes changes that need to be made.
Once you have approved your draft Will, Irwin Mitchell’s legal team will print and bind the approved version and send it to you in the post, along with a signing guide. You are then responsible for ensuring that the Will is signed and witnessed correctly according to the signing guide’s instructions.
Find out more about how the service works.
Yes, all the questions in the will questionnaire have been prepared by leading UK law firm Irwin Mitchell. Each Will is reviewed by Irwin Mitchell’s team of legal professionals to make sure that it has been written correctly and all Wills produced, if signed and witnessed in accordance with instructions, become legally binding.
If you are a married couple or co-habiting partners or civil partners, then you have two options when making a Will:
You should always make a new Will if life events, such as divorce, dissolution of a civil partnership or separation, occur. Other occasions when you should make a new Will are if you go to live abroad, become separated and if there is a birth or death in the family.
If you marry, re-marry or enter into a registered civil partnership, then your Will will automatically be revoked (i.e. become legally invalid), unless your Will expressly states that it’s made taking your forthcoming marriage into consideration.
Find out more about when you should write a new Will.
Once your Will has been signed, dated and witnessed correctly, then your Will is a legally binding document and needs to be stored safely.
You can store your Will safely using Lawpack’s Will Storage Service.
All three Will services include comprehensive instructions on how you sign and witness your Will correctly.
No, you don’t need to use a solicitor if you don’t want to.
A Will does not have to have been written by a solicitor to be legally valid, but it must be worded appropriately and signed and witnessed correctly.
Lawpack’s DIY Last Will & Testament Will Kit provides you with Will forms and a Guidance Manual, all written by an expert solicitor. The Manual tells you how to fill in the Will forms correctly. It also instructs you how to witness and sign your Will correctly.
The Online Will uses software which automatically completes your Will, based on the questions you answer. The software has been developed by leading law firm Irwin Mitchell. Their legal team check each Will, so you can be assured that your Will accurately reflects your wishes and is appropriately worded.
With the Bespoke Will, Irwin Mitchell’s team of legal professionals writes a Will especially for you, which best suits you and your family. Each Will is reviewed to make sure that it’s accurate and worded to reflect your wishes.
If you use our DIY Last Will & Testament Kit to make your Will, then as long as you follow the instructions in the Guidance Manual correctly AND have signed and witnessed the Will properly, your Will will be legally valid.
If you want the peace of mind of knowing that your Will has been worded correctly and has been checked by a legal professional, then an Online Will is for you.
The will questionnaire automatically compiles a Will for you based on the questions you answer. The service is provided by leading UK law firm Irwin Mitchell using their online system.
Alternatively, if you have more complex needs or feel you need a little more support when writing your Will, you can use the Irwin Mitchell Bespoke Will Writing Service. This means that Irwin Mitchell’s legal team can write a Bespoke Will especially and specifically for you.
All three of the Will Writing Services include comprehensive instructions for signing and witnessing your Will correctly.
If you have complex needs or have unusual family circumstances, you may need some additional help to write your Will. The following are some examples of instances when we would consider your Will to be complex:
No, a solicitor does not have to sign or witness your Will.
Any Will remains valid until it’s ‘revoked’ (cancelled). This can occur, for example, in the following circumstances:
Mirror Wills are suitable for married couples, cohabiting couples or couples in a civil partnership who have very similar wishes regarding the distribution of their estates.
Mirror Wills are a pair of almost identical Wills; one is a mirror image of the other.
If you both have very different wishes, then we would suggest that two Single Wills are a more appropriate choice for you.
When you complete the will questionnaire, the information you give is completely secure. The Irwin Mitchell service is accessed and used on a site which has security in place (it’s a HTTPS site). It is penetration tested by an external test house on an annual basis (or more frequently if major structural changes have been made); this is after Irwin Mitchell’s in-house test team has given it a good going over. In addition to this, the servers that host the site are behind Irwin Mitchell’s firewall so it benefits from the standard security which is applied to Irwin Mitchell’s entire network.
This is a sad event which unfortunately happens more often than people think and this is a time when you should review your Will.
Depending on how your original Will was drafted, it may not always be necessary to rewrite your Will, as it may include wording which takes the death of a beneficiary into account and names someone else to take their place.
You need two witnesses who should be over 18 and preferably neither very old nor hard to trace. There is no reason why the witnesses should not be married to each other. However, it is vital that the witnesses to your Will are neither beneficiaries under the Will nor the spouses of beneficiaries. If a beneficiary or his or her spouse does witness your Will, the beneficiary will lose the benefit of his or her gift, but the Will remains valid.
In England, Wales and Northern Ireland one witness is not enough. You need to have two witnesses who are over 18. In Scotland, only one witness who should be over 16 is needed.
The witnesses do not need to know the content of the Will.
Yes, you can appoint your spouse as executor and beneficiary.