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What happens if I die without making a will?

If you live in England or Wales and die without writing a legally valid will, the government will decide who gets what. If you have no living family members, all your property and possessions will go to the Crown. If you have children under 18 years old, other people can make decisions about who will take care of the children and manage their finances, education and living arrangements. By making a will you can specify your wishes.

What exactly is a will?

A will is a legal document that allows you to state what should happen to your assets (your money, property, investments and possessions) as well as your young children after you have passed away.

There are different types of will available, and they each suit different needs. Is the will just for you or you and your partner? A basic will for a single person is known as a single will and is best for people who want to record their own individual wishes. If your wishes are very similar to someone else's (typically your partner or spouse) then you may want to make standard mirror wills together.

Alternatively there are various trust wills available. These may be more suitable if, for example, you want to provide for your partner but also have children from a previous relationship. A trust will can also help to protect your estate against care home fees, or it can be used to protect inheritance if a beneficiaries is unable to manage their finances.

By making a will you can:

• appoint people you trust to look after your children under 18 years (called guardians)
• appoint people you trust to carry out the terms of your will (called executors)
• name the people or charities you want to benefit from your estate (called beneficiaries)
• leave gifts of specific items or fixed sums of money (called legacies)
• create trusts to help protect your assets for future generations, protect against residential care costs or help vulnerable or disabled beneficiaries
• state your funeral wishes

A will is one of the most important legal documents you will ever sign. If you die without a valid will in England or Wales the law can decide who has responsibility for children under 18 and who receives your money, property, cars, pets and all your other belongings.

Your will deals with your belongings (such as your property, bank accounts and personal possessions) that you own at the time of your death, not at the time you write your will. So even if you don't have much to leave now, your financial situation could change significantly in the future, particularly if you expect to have paid off your mortgage or are likely to receive an inheritance at some point.

Making a will clarifies your wishes and enables you to give your loved ones financial protection after you die. If you are a couple with similar wishes you may want to make mirror wills, which are separate wills that mirror one another, with each person leaving their assets to each other or the same beneficiaries.

How to make a will

Many people assume that making a will is complicated, but with the right advice and a specialist will writer to help you every step of the way, we make the will writing process easy.

Before you start to think about how to make a will, there are some decisions that you’re going to need to make.

These include:

• which type of will you want to make
• who you'd like to inherit from you
• who you'd like to look after your children (if they're under 18)
• whether you'd like to leave anything to charity
• who you'd like to deal with your estate after you die

You can either have made these decisions before you start to make your will or you can discuss your thoughts with your will writer at your appointment. Once you’ve decided, you’ll need to have certain information to hand, including the names and addresses of anyone you're naming in your will.

When you’re ready to start the process of making a will, you can speak to our will writing team to ask any initial questions and start the process of making your will.

What types of gifts can I include in my will?

When you're writing your will, there are a number of ways you can divide your estate:

• a fixed sum of money (such as £5,000 to your nephew) is called a pecuniary bequest
• a specific item (such as a family heirloom or piece of jewellery) is called a specific bequest
• a percentage of your estate (after everything else has been paid off) is called a residuary bequest

It's also possible for your will to say that you would like to leave a gift to someone if they survive you, but that you would like this gift to be passed on to someone else if they don't. This is called a reversionary bequest.

Can an executor of a will also be a beneficiary?

Yes they can. There is no reason why any family member, friend or anyone else benefiting from your will cannot be an executor, as long as they are over 18. Perhaps a more important question to ask is, are they willing and able to be an executor? It's worth having this conversation with them first if you're unsure.

Do I need a will if I don’t own a house?

It's a common belief that it's only worthwhile making a will if you own your own home, or other significant assets. But this isn't the case, because a will deals with far more than just property ownership.

What if I don't have anything to leave?

Virtually everyone has something to leave behind even if it’s just their personal possessions. However, even if you may not have much money or property now, that doesn’t mean that you will not have more to leave in the future. Do you play the lottery? Are you likely to receive an inheritance from a relative? As no one really knows when they are likely to die or how much they will own, the safest course of action is to write a will so your wishes are clear.

Tips for writing a will if you have young children

The first thing to consider is who you would choose to look after your children if you die. If you currently have parental responsibility over your children and they are under 18 years old, then you can appoint a guardian for your children in your will. This appointment only takes effect if there is no one else with parental responsibility over your children when you die.

You can also include your children as beneficiaries in your will even if they are young. You should decide at what age you would like your children to access their inheritance (often 18, 21 or 25). While the child is under that age, their inheritance will be held in a trust and managed on their behalf by people called trustees, who can also be appointed in your will.

Can I include funeral wishes in my will?

Absolutely, you can go into as much detail as you like but bear in mind that this particular aspect of your will is just an expression of a wish and is not legally binding on your executors.

Can a will help protect my home against potential care home fees? Yes, writing a trust will can be an effective way to protect your home or savings against care home fees in the future.

I’m not married to my partner – should I make a will?

Inheritance laws in England and Wales do not currently make allowances for partners who aren't married or in a registered civil partnership. If you would like your partner to inherit from you after you die and you’re not married, then you should make a will stating your wishes.

How does getting married affect your will?

When you get married or enter a registered civil partnership, this automatically voids any existing will you have. The only way your will won't be voided by marriage or civil partnership is if you have included specific terminology in your will that references your upcoming wedding or civil partnership.

If you have got married or entered into a civil partnership, it's important to make a new will.

Making a will and mental capacity

To make a will, you have to fully understand what you are doing and its implications. This is known as having mental capacity. You need to have capacity to understand what you are doing at the time the will is made and also at the time it is signed in the presence of two witnesses.

There are four things that must exist at the same time to prove testamentary capacity. A person must:

• understand that the document will deal with the distribution of their estate when they die
• understand what's in their estate (this doesn’t mean every individual asset and liability, or their exact values but there must be a general awareness)
• understand if there are people who could have a moral claim on their estate, regardless of whether that person is included as a beneficiary in their will
• not be suffering from a 'disorder of the mind'

One way to help prove testamentary capacity is to have your will professionally written. A professional service should ensure that an assessment of capacity takes place and this should be recorded on file for future reference.

Our will writing service makes the process easy

Making a will can be quick and easy if you use a will writing service to provide you with the right guidance and support. At Co-op Legal Services, our will writing service provides you with a specialist to help you complete each step of the process, from start to finish. Our will writing advisors can discuss your wishes, offer recommendations and help you to make a will that’s right for you and your circumstances.

Co-op Legal Services is authorised and regulated by the Solicitors Regulation Authority (SRA). So you can have peace of mind that your will is written in a way that is recognised by the law.

There are a number of ways for you to write a will with us. We offer an online will writing service, a telephone will writing service, a video will writing service and face to face will writing in your own home.

Can any of my beneficiaries be a witness when I am making my will?

No. A beneficiary in your will should not be a witness to you signing it. The spouse or civil partner of the beneficiary should not be a witness either. If they do witness your will, their gift could fail.

Can I nominate Co-op Legal Services to be my executor?

Yes you can. Co-op Legal Services offers a Professional Executor Service. This is a popular option with people who don't want their loved ones to have to deal with all the legal and financial responsibilities of probate after they're gone.

There is no charge to name Co-op Legal Services as an executor in your will. If we do act as executor after you die, there is a fixed fee cost which is agreed with your executor before any work is carried out.

Our probate fixed fee quote is calculated when you die and is based on the value and complexity of your estate.

Where should I store my will?

Your will should be stored somewhere safe, where your executors know to find it. When you write a will with us, we can securely store the original will for you, completely free of charge, for the rest of your life. Alternatively, you can choose to store your will yourself.

If your Will is held by Co-op Legal Services then your executor will need to contact us to inform us when you have died. We can then arrange to release your original Will from our secure storage facility.

We will confirm the identity of the executor and offer free help and guidance to make sure they know their responsibilities. We can also offer our professional assistance if needed.

Can my will be challenged?

Yes - all wills can be challenged. The real question is 'can my will be successfully challenged?'

If your will includes your nearest relatives and dependents such as your husband, wife or civil partner and your children, there is little reason why your will should be challenged. But, if you exclude someone who might expect to benefit from your will, or there is a suggestion that you do not have mental capacity or have been influenced or coerced whilst making your will, then there is a real possibility your will could be challenged.

You can reduce the risk of a successful challenge by getting your will professionally drafted with the help of a will writing specialist, regulated by the Solicitors Regulation Authority. A properly drafted will is more likely to hold up to any future challenge.

Talking to your family and loved ones about your will is also important, particularly if you are going to exclude them. This prevents questions about your motivation after you've died. Alternatively, you could write a letter to your executors which sets out the reasons why you've excluded a particular person from the will. This is called a Letter of Wishes and it can be stored with your will.

What does undue influence mean in will writing?

Undue influence refers to an individual being influenced by another person to make a will or amend their existing will in a way that does not reflect their true wishes, usually for that person's benefit.

Typical examples of undue influence include making a will under force, fear or threat from another person. If someone has lied or been deceitful to influence your choices in your will, this could also be undue influence.

If your will contains an unexpected gift or contradicts your previously expressed wishes, then usually it's a good idea to take measures to reduce the risk of it being challenged on the grounds of undue influence after you die.

At Co-op Legal Services, our will writers carry out checks to ensure you're not acting under the undue influence of someone else. These checks will be recorded and can be called upon if your will is ever challenged in the future.

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What is a lasting power of attorney (LPA)?

A lasting power of attorney is a legal document that allows you to appoint one or more people to make decisions on your behalf during your lifetime. The people you appoint to manage your affairs are called the attorneys. A lasting power of attorney is a completely separate legal document to your will although many people put them in place at the same time as getting their will written, as part of planning for the future.

What does a lasting power of attorney cover?

There are two types of LPA.

A health and care LPA lets your attorney make decisions about your medical treatment and day-to-day care. This can include where you live, what you eat, what medical treatment you receive and who you see.

A financial decisions LPA lets your attorney handle (and make decisions about) your money and property. This can include paying your bills, selling your property, collecting your pension and collecting your benefits.

Common reasons to have a lasting power of attorney

If you become unable to express your wishes, an LPA enables someone to step in and make decisions for you about your health and care or your finances. These important decisions will be made by someone you choose and trust and you can choose the right type of lasting power of attorney for your circumstances.

A lasting power of attorney is significantly cheaper than the alternative, which is a deputyship order. A lasting power of attorney comes into effect as soon as it’s needed, so your chosen attorney can step in straight away.

Why is a lasting power of attorney so important?

Once you have a lasting power of attorney in place you can have peace of mind that there is someone you trust to look after your affairs if you became unable to do so yourself during your lifetime. This may occur, for example, because of an illness or old age or an accident.

Having a lasting power of attorney in place can allow your attorney to have authority to deal with your finances and property as well as make decisions about your health and welfare. Your lasting power of attorney can include instructions for your attorney, as well as your general preferences for them to consider. Your LPA should reflect your particular wishes so you know that the things that matter most would be taken care of.

You can only put an LPA in place whilst you are capable of understanding the nature and effect of the document. If you lose this capacity, you cannot enter into a LPA and no one can do so on your behalf.

Many people don’t know that their next of kin has no automatic legal right to manage their affairs without a lasting power of attorney. Without an LPA, making decisions on someone else's behalf can be a long and significantly more expensive process.

Mirror lasting power of attorney documents

One solution for couples is to have mirror lasting power of attorney documents. As the name suggests, these documents will mirror one another, allowing each person appoint the other to make decisions for them if they lose capacity. They can also both name the same person as a backup or replacement attorney. This might be one of their children, for example.

What happens without a lasting power of attorney?

Without a lasting power of attorney (LPA) in place there is no one with the legal authority to manage your affairs, for example, to access bank accounts or investments in your name or sell your property on your behalf. Unfortunately, many people assume that their spouse, partner or children will just be able to take care of things, but in reality no one automatically has the authority to do step in and make decisions for you.

In these circumstances, in order for someone to obtain legal authority over your affairs, that person would need to apply to the Court of Protection and the court will decide on the person to be appointed to manage your affairs. The person chosen is appointed your ‘deputy’. This is a very different type of appointment which is significantly more involved and costly than being appointed attorney under an LPA.

If you want peace of mind that a particular person will have the legal authority to look after your affairs, without them needing to go through a costly and complicated process, consider making a lasting power of attorney.

Can a joint bank account be used instead of an LPA?

Joint bank accounts do not offer any financial protection, unlike a lasting power of attorney (LPA). When an LPA is activated, the attorney's activity will be supervised by the Office of the Public Guardian (OPG). The activity of joint bank account holders is not monitored by any governing body, meaning that individuals are relying entirely on the goodwill of their relatives.

By setting up joint accounts with relatives or granting them informal access to bank accounts, people are potentially putting their finances at risk. Often issues only come to light after death, when bank accounts come under closer scrutiny and evidence of financial abuse may surface.

Furthermore, this type of arrangement can also place the family member (who was added to the account) in a legal grey area. They could face allegations of financial impropriety after the account holder's death, because they weren't accessing the account under the correct legal process of using an LPA.

Another major consideration when holding a joint account with a family member is that on death, the account and its contents will automatically pass to the surviving account holder. This means that the money may not be included as part of the deceased person's estate and not distributed in line with the terms of their will (or the rules of intestacy).

A more secure and legally robust way for someone to grant a relative access to their finances is to put a lasting power of attorney in place.

Types of lasting power of attorney explained

Two types of lasting power of attorney are available under English law:

• health and care lasting power of attorney
• financial decisions lasting power of attorney

Lasting power of attorney for healthcare and care decisions

A health and care lasting power of attorney allows you to name attorneys to make decisions about your healthcare, treatments and living arrangements if you lose the ability to make those decisions yourself. Unlike the financial affairs LPA, this document will only ever become effective if you lack the mental capacity to make decisions for yourself.

If you can’t communicate your wishes, you could end up receiving care or treatment that you wouldn't have chosen. Maybe you would refuse to receive certain medical treatments or to be put into a nursing home if you were able express yourself. This is when your attorney, appointed by the lasting power of attorney, can speak for you.

Lasting power of attorney for financial decisions

A financial decisions lasting power of attorney allows you to name attorneys to deal with all your property and financial assets in England and Wales. The lasting power of attorney document can be restricted so it can only be used if you were to lose mental capacity, or it can be used more widely, such as if you suffer from illness, have mobility issues, or if you spend time outside the UK.

When does a lasting power of attorney take effect?

It depends what type of LPA you have in place.

A health and care LPA can only take effect once you have lost mental capacity and are no longer able to make your own decisions.

A financial decisions LPA can take effect before you lose the ability to make your own decisions, although you must give permission. If you don’t provide permission, your financial decisions LPA will simply take effect once you’ve lost mental capacity (just like a health and care LPA).

Who can witness a lasting power of attorney?

Whoever you choose to act as your witness must be aged 18 or over and be of ‘sound mind’. None of your attorneys can act as your witness. If you don’t get your LPA witnessed properly, it may be considered invalid.

Does a lasting power of attorney continue after death?

No, a lasting power of attorney does not continue after death. Once you die, your attorney will no longer have the authority to make decisions on your behalf. Instead this responsibility will fall to the executors or administrators of your estate.

What to do if an LPA attorney dies before you

If your appointed attorney becomes seriously ill or dies, what happens next will depend on what your LPA says and whether you are still able to make your own decisions at this point.

If you have appointed additional attorneys in your LPA, they may be able to step in and act. If you only appointed one attorney, you'll need to make a new LPA appointing new attorneys (as long as you still have capacity to do so).

If you don't make a new LPA and your only named attorney is unable to act, your LPA won't be able to be used.

How can I make a lasting power of attorney?

You can make an LPA online with the Government or we can help you. Because LPAs are legal documents that involve making a number of important decisions, lots of people choose to get the help of a legal professional.

Should I appoint more than one attorney?

It’s a good idea to name a backup attorney who can step in to act if your original attorney is unable or unwilling to do so when the time comes.

That said, we always advise against appointing multiple attorneys to act together jointly, as this can bring its own set of challenges. Some people assume that the best course of action is to appoint their spouse and their children to act jointly, but this means that all attorneys need to act together on every single matter. This is the case even if one attorney becomes unwell or dies, meaning the LPA could essentially become worthless.

Proving mental capacity when making a lasting power of attorney

The term 'mental capacity' refers to an individual's ability to make their own decisions, and an individual needs to have sufficient mental capacity to put an LPA in place.

The Mental Capacity Act 2005 states that in order to have capacity to make an LPA, an individual must:

• have all of the relevant information about lasting powers of attorney
• be able to retain this information
• be able to weigh the information up to arrive at the decision to put an LPA in place

This means they must fully understand what the document is, how it works and its implications. They must also be making their decisions independently and be able to communicate these decisions either verbally, using sign language or by some form of movement such as blinking or squeezing a hand.

If someone has been diagnosed with a condition that will ultimately compromise their ability to make decisions, an assessment needs to be carried out to determine whether they have capacity to put an LPA in place.

An independent professional, such as the person's social worker or GP, is best placed to carry out this assessment. The outcome of the assessment should be carefully recorded in case it's needed in the future and the person who carried out the assessment can also act as a witness.

Lasting power of attorney application fee

Before a lasting power of attorney can be used by your attorney it must be registered with The Office of the Public Guardian (OPG). They charge a fee for this. If you would like us to register your LPA for you then we will ask you to provide this payment.

However, there can be an exemption for people who receive certain means-tested benefits, and a 50% fee reduction may be available based on the applicant’s financial circumstances or a reduction based on the applicant receiving Universal Credit.

Co-op Legal Services fixed fee lasting power of attorney does not include the OPG registration fee, nor their fee for a certified copy of a lasting power of attorney.

LPAs for sole traders and SME business owners

If you are a sole trader who runs a small business it is vital that you understand what could happen if you don't put a lasting power of attorney in place. While an LPA is not a requirement to run your business, a financial decisions LPA will help if you are unable to manage your business because of a serious illness or accident.

Consider what would happen to your business if you lost the ability to deal with your own business affairs and make decisions. What if you have a business bank account in your name as a sole trader or joint bank accounts with other business owners which require the signatures of all the named account holders? How would your business finances be managed on a daily basis in the event of an accident or illness?

A number of problems could arise such as the impact on your customers being unable to access your products or the financial implications for your staff or creditors. Without an LPA, the risks to your business could include:

• non-payment of wages to staff
• non-payment of invoices, particularly if bills were paid by cheque
• no access to bank accounts
• no access to business information for HMRC or your accountant

By putting a financial decisions lasting power of attorney in place you can give your business the protection it needs. This could mean the difference between your business surviving or being closed down.

Why use a professional lasting power of attorney service?

An LPA is a legally binding document which is more complex that you might expect, and it's easy to get this wrong. A poorly drafted LPA could be found to be invalid or ineffective when it's needed, meaning that it's essentially worthless. This is why we would always recommend getting your LPA professionally drafted.

Benefits of making a lasting power of attorney with Co-op Legal Services

With our LPA service you'll receive all the necessary documents prepared for you, ready to sign. We offer fixed fee prices agreed upfront before any work on your LPA starts.

With Co-op Legal Services, there are two ways you can make your LPA with us. You can use our digital LPA service to start your LPA online, from £120, or you can request a callback for our fully advised LPA service, from £399.

When you request a callback for our fully advised lasting power of attorney service, this includes:

• a full assessment of your needs and explanation of your options
• registration of your LPA with the Office of the Public Guardian
• dedicated LPA specialist to look after you throughout the process
• direct-dial phone number for your LPA specialist

For peace of mind, with our fully advised LPA service we can take full responsibility for the registration of your LPA with the Office of the Public Guardian (OPG), which will require payment of both our fixed fee and the OPG registration fee. (When using our digital LPA service, you'll need to register your LPA yourself with the Office of the Public Guardian.)

What our fully advised LPA service includes:

• advice on the different types of LPAs available and their benefits
• advice on the choice of attorney and replacements, and how and when they can act
• advice on the appointment of an appropriate certificate provider
• advice on any preferences or instructions to limit what the attorneys can do
• preparation of the LPA document
• sending the LPA with full instructions for signing by the donor, attorneys and certificate provider
• checking that the LPA has been signed correctly by all parties in the right order
• completing and submitting papers to register the LPA at the Office of the Public Guardian
• corresponding with the Office of the Public Guardian
• dealing with any challenges or requisitions raised by the Office of the Public Guardian
• returning the registered, bound LPA for safekeeping

When you start your LPA online with our digital LPA service, we offer online guidance and a follow up call from a specialist to check your LPA and answer any questions. Some other online LPA providers simply provide a DIY document production service. The distinction is very important. LPAs are incredibly powerful documents and it’s very easy to make mistakes or misunderstand what they are, what they do and how they can be used.

The dangers of a DIY lasting power of attorney

Where issues often arise with LPAs is when people try to draft these documents themselves, without professional advice.

Do you know how to appoint replacement attorneys, for example, or how to appoint multiple attorneys to act either jointly or severally? If you want to leave instructions for your attorneys, do you know how to word these in a way that makes them legally sound and avoids any ambiguity?

Another risk of going it alone is that your appointed attorney may not be clear on what is and isn't permitted in their role. Remember that when your LPA comes into effect your Attorney is likely to have a lot on their plate. They may be caring for you or coming to terms with an accident or illness that has taken your mental capacity. The last thing you want is for them to be hauled before the Court of Protection because of an accidental breach of duty.

Investigations by the Office of the Public Guardian

The Office of the Public Guardian (OPG) is the government organisation responsible for overseeing lasting power of attorney and deputyship arrangements in England and Wales. The priority of the OPG is to protect people who are not able to make (or express) their own decisions.

If the OPG believes that an attorney or a deputy is acting in a way that is not in the best interests of the individual, then they will launch an investigation.

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Executor of a will - guide to appointing an executor

Who to choose as your executor and how to appoint executors in your will.

What does the executor of your will do?

Executors are the people you name in your will to carry out your wishes after you die. They will be responsible for all aspects of winding up your affairs and administering your estate after you’ve died. This includes applying for a grant of probate (if needed), selling and transferring assets, paying off any liabilities, and distributing your estate according to the wishes you've set out in your will.

There's a lot involved in being an executor, and choosing who to appoint is an important decision.

Who can be an executor of a will?

In England and Wales an executor must be over 18 at the time of your death and they must have the mental capability to do the job. Your executor could be a friend, family member or a professional (such as a solicitor). An executor can also be someone you've named as a beneficiary in your will.

The role of an executor is a serious one which carries a lot of responsibility. When choosing your executor or executors you need to bear this in mind. It should be someone you trust to carry out this work.

How many executors can you have?

You can name as many executors as you like in your will, and you can also choose substitute executors in case your initial choices are unable to act. However, the maximum number of people that can act as executor at any one time is four.

You can name just one executor in your will, but we would always recommend appointing two or more executors, just in case your first choice is unable to act for any reason when the time comes.

How to appoint a will executor - top tips

Being an executor is an important role that carries considerable responsibilities.

Not everybody will want to be an executor, so before making a will, it’s a good idea to think carefully about who you are going to appoint as your executor. To help you decide, here are some top tips for appointing executors:

1. Talk to your chosen executor before making a will

When making a will, you will be asked to choose up to four executors. Before the will is created, you should have a conversation with each of your chosen executors to ensure they are happy to take on the role. Being an executor can be a lot of work, and some people might prefer not to be appointed. If they are willing to be appointed as your executor, the fact that you have spoken with them means that it will not come as a surprise in the future.

2. Appoint trusted individuals

An executor will need to deal with your personal assets, which can hold significant financial and emotional value. Furthermore, executors have a legal duty to act in the best interests of the estate, rather than any personal interest. They may not even be beneficiaries of the will. For these reasons, you must appoint executors who you trust, and who you can rely upon to deal with your affairs responsibly.

3. Does your chosen executor have the time?

Being an executor is often a very time consuming role. We estimate that on average, the probate process takes about nine-to-twelve months to complete, but it can take longer for more complicated estates.

Probate isn't always needed, but even if probate is not needed, there are many other tasks to carry out such as registering the death, arranging and paying for the funeral, and informing business and organisations of the death. The position of executor can become a full-time job if the estate is complicated, so you need check that your executor has enough time to commit to the role.

4. Consider using a professional executor

Some estates will be particularly complex. For instance, there may be Inheritance Tax to pay, properties to sell, or foreign assets to locate. This can require specialist knowledge that can be above and beyond the abilities of a lay-person.

There can also be conflict between family members who may have differing opinions on the correct approach to take. If you think having a neutral third party to deal with your estate would be beneficial, you can always nominate a legal professional in your will to act as an executor.

Alternatively, your executors may seek help from specialist probate solicitors after your death to assist with the administration of the estate. Having the help of a legal professional can give you the peace of mind that an estate is being administered correctly, removing the responsibility from family and friends.

5. What if your executor cannot act?

Sometimes your chosen executor will no longer be able to carry out the role, perhaps because of illness or the loss of mental capacity. Or it may be that your executor has died before you. In these situations it is important that you update your will to reflect the change in circumstances. Otherwise when you die, one of your beneficiaries will be asked to step in to do this work instead. This may not be the person you would have wanted to deal with your affairs.

We would recommend appointing more than one executor to mitigate this risk. An executor may be appointed to administer the estate either solely or jointly with another person. If an executor is appointed to act alone, it's still possible to name a second person as a substitute executor, who can step in to act if the first executor is unable to.

If multiple executors are appointed to act jointly, this means they all need to make decisions together. Another option is to appoint multiple executors to act 'jointly and severally' meaning they can make decisions together and independently of one another.

If multiple executors are appointed, they can either administer the estate together or one executor can choose not to act. The appointment of more than one executor will usually ensure that there is at least one executor who can act if something were to happen to the other.

However, if you do appoint more than one executor to act jointly, it can sometimes be difficult for them to agree on everything, and this can lead to unpleasant disputes. It's important to consider this when appointing joint executors in your will. There are ways in which conflict between joint executors can be avoided.

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Making a will to protect children

If you die in England or Wales without a valid will and you have children under 18, others can make decisions about who will take care of the children and manage their finances and education.

A will provides peace of mind of knowing the children will be protected and cared for after you pass away.

When we have provided you with a written quote for the agreed work, that price will not change. As part of the Co-op Group, our values of openness, honesty, social responsibility and caring for others are core to the service we provide.

If you have children under 18 years old

Making a will allows you to name people you and your children trust to look after their well-being if you die. Once these wishes are stated clearly in your will, you can be sure your children will be properly protected.

Co-op Legal Services can help you every step of the way to write a will that will name both guardians and trustees for your children. Our will writers make the will writing process as quick and straightforward as possible, and ensure that all the legal aspects of your wishes are properly covered.

Choosing a legal guardian for your children

When making a will, most people focus on what will happen to their assets when they die. But if you have children, it's also essential to consider who would care for them if you were no longer around. It's possible to appoint a legal guardian for your children when you make your will.

Parents can appoint a legal guardian to care for their children if they die while the child is under 18. The requirements for formally appointing a legal guardian are very similar to the requirements of putting a will in place. For example, it needs to be in writing and signed in the presence of two witnesses. It’s for this reason that many people incorporate their choice of legal guardian into the terms of their will.

So how do you choose the right legal guardian? Firstly, it’s important to recognise that the guardianship appointment would only take effect if there was no one else alive who already has parental responsibility. So normally the terms of the guardianship appointment would state that it only takes effect if both parents have died.

The next step is to consider who, outside of the natural parents, would be most suitable. Sometimes this is an obvious choice. However, in a lot of instances it’s not so clear cut. You'll need to consider where they live, their religious or ethical beliefs, their relationship with your child, whether they will want to take on the responsibility of raising your child.

Some of the key factors to consider when choosing a legal guardian include:

• if the guardians are older that you (such as your parents) will they be able to care for your children until they're 18?
• if the guardians have children of their own, who's house would they all live in, theirs or yours?
• if the guardians live in a different part of the UK, would your child need to relocate, leaving their school and friends behind?

In addition to these challenges, it is important to understand the impact of appointing a guardian who is not resident in the UK. Whilst guardianship may be authorised, there could be issues obtaining the correct visas; either for the guardian to live in the UK or for your children to go and live abroad.

When it comes to choosing a guardian, there's no right or wrong answer, other than what you feel would be in the best interests of your child.

If you have children over 18 years old

If you die without a will in England or Wales, your estate (your home, car, bank accounts, investments and anything else you own) will be distributed in accordance with the rules of intestacy, which govern who will inherit your estate when you are gone.

The rules of intestacy state that all children will receive their inheritance outright at the age of 18, whatever their financial position or their levels of maturity. The rules of intestacy also state that, if your children are entitled to benefit, then your estate will be divided up equally between all your children (excluding stepchildren), which may not be what you want.

Making a will can ensure that your grown-up children receive their inheritance when you choose. It may be that you want them to inherit at age 21 or 25 rather than age 18, or perhaps you’d prefer that they had a share of their inheritance at age 18 and receive the remainder at a later date.

Writing a will can also ensure that money or other gifts given to your children during your lifetime can be taken into account, helping to minimise disputes between your children after you die.

If you have stepchildren

If you’d like to provide for a stepchild after you pass away, you need to state this clearly in your will, otherwise they will not inherit any of your finances, property or possessions.

The rules of intestacy were created in 1925 and they don’t always accomodate modern family structures, and they don't recognise stepchildren at all.

If you have children from a previous relationship

If you’re in a relationship but not married or in a civil partnership with your partner and you die without a will, all your property and possessions in your estate will be inherited by your children, meaning your new partner will be left with nothing at all.

However if you’ve married or entered into a civil partnership and you die without a will, your new spouse or partner will inherit the first £250,000 of your estate outright, which may leave your children with little or no inheritance. This is referred to as the sideways disinheritance trap, because the estate moves sideways to the new partner rather than down to the children.

It's possible to make a will that protects your children's inheritance after you remarry, while also providing for your new spouse or partner. Trust wills can be an effective way of doing this.

Are inheritance rules different for adopted children?

The same inheritance rules apply to legally adopted children as they do for biological children. Without a will, they are entitled to inherit in the same way as biological children under inheritance rules. If there is a will but they have been omitted, they can make a claim against the estate just as a biological child could.

If a child has not been legally adopted, they will not be entitled to inherit under inheritance rules. The best way to ensure a child is provided for if they have not been legally adopted is to name them in your will.

When making a will, it is important to beware of using terms such as ‘my children’ because this would exclude step-children and children who aren't biological or legally adopted. An invalid or poorly drafted will could mean that a step-child or unofficially adopted child misses out on their inheritance.

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