Who Gets What? The Questions to Ask Before You Write a Will

Writing a will isn’t just a box-ticking exercise. It’s an incredibly important decision that determines what happens long after you’re gone. It’s not just to do with your finances either; it can also detail what you want to happen to your family and sometimes your relationships too.

So, have you ever stopped to think who would actually benefit if something happened to you tomorrow?

Because here’s the uncomfortable truth: if you don’t have a will, your assets may not go where you expect. The law decides instead. That can mean delays, extra costs and outcomes you never intended. That can be particularly true for unmarried partners, blended families or anyone with complex financial situations. Sadly, disputes between loved ones are another common result of not having a will. Often not because of greed, but because intentions simply weren’t clear and written down in a legally binding document.

This article walks through the key questions to ask before setting up a will (or reviewing an existing one), so you can approach the process with confidence. Importantly, it should also help you avoid nasty surprises later.

Why you should think before you write

Making a will is about more than listing names and allocating a percentage of your net worth to recipients. But the process doesn’t have to be complicated. A bit of planning beforehand makes the whole process smoother and often more tax-efficient too. So, before starting, it’s worth stepping back and considering:

• How complex your estate really is
• Your family situation: are you married or do you have a long-term partner? Do you have children or stepchildren?
• Whether inheritance tax could be an issue
• What digital assets or personal possessions matter to you
• How recent life events, such as marriage, divorce, new children or inheritances, can change your overarching situation

Also, consider when you last reviewed your will. If you have one, at all?

If you do have one, it’s important that you assess your will on a regular basis as your needs and situation often evolve over time. A will written ten years ago might already be out of date, even if it seemed perfectly sensible at the time.

Core questions to ask yourself (and your adviser)

Before setting up a will, it helps to answer some fundamental questions first, ideally with professional guidance. Here are some key pointers:

1.  What assets do I own and where are they?

Think about any property, savings, investments, pensions, business interests or digital assets you have, as it all counts.

2. How do I value my estate?

Knowing roughly what everything is worth gives context to decisions and helps identify tax issues early.

3. How do I want to divide my estate?

Do you want to divide your estate amongst your beneficiaries equally? If not, are there reasons for unequal shares?

4. What debts or liabilities might affect my estate?

List any mortgages, loans or guarantees you have. When writing your will, your solicitor will ask for these.

5. Who do I want to benefit?

Think about whether there are people you’d like to protect who wouldn’t automatically inherit under the law. If yes, you will need to highlight them in your will.

6. How will I divide specific gifts versus the residuary estate?

Detail any cash gifts, personal items, heirlooms and then “everything else”.

7. What happens if someone dies before me?

If your partner or another beneficiary dies before you, come up with a contingency plan to avoid uncertainty later. It may also be a time which triggers a review of your will.

8. Who will manage my estate after I die?

Executors carry legal responsibility. Before nominating them, decide whether the person you have in mind is willing and capable.

9. Should I appoint backup or professional executors?

A professional executor can be helpful when estates are complex or emotions may run high.

10. Do I need to appoint guardians or set up trusts for children?

Seeking professional guidance in this area is particularly important to ensure any offspring or minor beneficiaries are looked after as you would like them to be when you pass away.

11. Is inheritance tax a concern and can it be mitigated?

Good financial planning can sometimes legally reduce the bill significantly.

12. Do you have any funeral wishes or charitable gifts you want to make?

These don’t have to be complicated, but clarity helps loved ones in times of grief.

13. How do I make sure the will is legally valid?

Correct wording, signatures and witnesses are all required and matter more than many people realise.

14. Where will it be stored and how will people find it?

A perfect will is useless if no one knows it exists.

15. When should I review or update it?

Wills should be reviewed regularly, especially after major life events including marriage, divorce, having children or when new assets such as property or inheritance are acquired.

That’s a lot of will questions, but answering them upfront saves stress later.

A simple checklist before making a will

Before meeting a solicitor, ask yourself:

• Do I know what I own and roughly what it’s worth?
• Have I decided who should benefit and who shouldn’t?
• Have I considered executors, guardians and backups?
• Have I considered taxes and long-term planning?
• Do my wishes still reflect my life today?

(This checklist works brilliantly as a printable and your adviser can help turn answers into action.)

Common mistakes and how to avoid them

DIY wills often seem cheaper, but mistakes in wording or witnessing can make them invalid. Out-of-date wills are another big issue. Your will should flex and change as your life evolves. Many people fail to plan for change, or don’t explain their intentions, which can fuel disputes. A clear plan, backed by professional advice, reduces uncertainty and family tension.

When to get professional help

There’s a difference between will-writers, solicitors and full estate planners. Solicitors handle the legal side. Estate planners and financial advisers look at the bigger picture i.e. tax, investments, pensions and how everything fits together.

You should always seek legal advice, especially for complex estates, trusts, overseas assets, business ownership or inheritance tax concerns. A good financial adviser works alongside your solicitor to make sure your will supports your wider financial plan. Not just today, but for years to come.

Final thoughts

Making a will doesn’t have to be daunting. Start by gathering information, asking the right questions and thinking about what really matters to you. Check out our checklist, block out time to consider your financial and family situation and take it with you to your first meeting with an adviser. The clearer you are beforehand, the easier the process becomes. After all, setting up a will isn’t about dwelling on the worst. It’s about protecting the people and things you care about most.

Speak with one of our Planners to minimise inheritance tax and organise your financial situation so writing a will becomes far easier.

The Financial Conduct Authority (FCA) does not regulate Will writing or Estate Planning. Approved by Best Practice IFA Group Limited on 12/02/2026.

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