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Wills, probate and estates guides · 6 min read

Information to prepare before making a will

Preparing for a will begins with deciding who should receive what and identifying assets you can actually dispose of by will.

Jurisdiction: England and Wales.

Preparing for a will begins with deciding who should receive what and identifying assets you can actually dispose of by will. A list of bank balances alone will not reveal jointly owned property, pension nominations or existing trusts.

Map beneficiaries against assets

Record full names and relationships, including anyone financially dependent on you. Separate specific gifts from the remainder of the estate. Consider what should happen if a beneficiary dies before you or a named item has been sold.

Identify ownership arrangements for property and business interests. Some assets may pass under survivorship, nomination or trust arrangements rather than the will; raise these with the drafter instead of assuming every asset follows the same instructions.

Explain decisions that need careful drafting

Tell the adviser about children, previous relationships, overseas assets and anyone you intend to exclude who may expect provision. GOV.UK identifies complex family and asset circumstances as reasons to obtain professional help. [1]

Choose possible executors and alternatives, then discuss their willingness before the appointment is finalised. See executor selection. If a guardian is needed, review guardianship arrangements separately from the question of who manages inherited money. Bring earlier wills so the drafter can coordinate revocation rather than leaving competing documents.

Describe the result before choosing legal wording Begin with the people you want to provide for and the reasons behind the broad plan. Explain who needs immediate support, who might inherit later and whether there are competing family responsibilities. A drafter can then identify questions that a list of names and percentages would miss. For example, providing a home for a partner during their lifetime is a different objective from giving them the property outright and hoping they eventually leave it to your children.

Separate decisions you have made from possibilities you want to discuss. Mark whether a gift is a fixed sum, a particular item or a share of what remains after other payments. Explain what you would want if there were insufficient assets to fulfil every wish. This does not require you to design a trust or select technical clauses before the meeting. It gives the adviser an intelligible purpose against which the available drafting options can be tested.

Make an inventory that identifies ownership and access For each significant asset, record its description, approximate value, ownership and where supporting documents can be found. A property entry should distinguish the address from the legal interest you own. For a business, identify whether the interest is shares, a partnership interest or assets held personally. Include related borrowing and any agreement that may affect transfer on death. An apparently valuable asset may carry obligations or restrictions that change the practical benefit a recipient could receive.

Keep pensions, life policies and trust interests identifiable even where they may not pass under the will. Tell the drafter about nominations and intended recipients so the overall plan can be assessed. Do not place passwords, recovery codes or sensitive account-access details into the will itself. An asset inventory can explain where information exists without becoming an unrestricted access document. GOV.UK highlights shared property, overseas interests and dependent beneficiaries among circumstances in which professional drafting advice may be particularly relevant. [1]

Give family information that resolves ambiguity Use full names, relationships and enough identifying information to distinguish people with similar names. Explain previous marriages or partnerships, children from different relationships, anyone adopted and anyone financially dependent on you. If the intended treatment of a person may surprise the family, discuss the reasons privately with the adviser. Omitting the history from the instructions can prevent the drafter from identifying a possible claim or a clause that does not achieve your intention.

Ask how substitute beneficiaries should be considered if someone dies before you or cannot receive a gift as intended. Explain whether the substitute should be that person's children, another named individual or the remaining beneficiaries. These choices can produce very different outcomes in a changing family. Where a beneficiary is young, vulnerable or receiving means-tested support, raise their circumstances rather than assuming an outright payment at death is always the most helpful way to provide for them.

Bring existing commitments into the drafting discussion Supply earlier wills and codicils, relevant trust or business documents and any agreement affecting an intended gift. If another will covers assets abroad, tell the drafter before signing a document with a broad revocation clause. The aim is a coordinated estate plan, not a new document that inadvertently cancels something needed elsewhere. Explain any appointment or event creating urgency, while allowing time for the adviser to assess execution, capacity and the independence of your instructions.

Finish the preparation with a short list of unresolved decisions and the information needed to answer them. You might still need a property document, a beneficiary's correct details or confirmation that a proposed executor is willing. Agree who will obtain each item and how changes will be communicated before signing. A draft should be reviewed against your actual wishes and current assets; receiving it by email does not complete the formal steps needed for a legally effective will. [2]

Frequently asked questions

How accurate must asset values be at the first will meeting?

Reasonable estimates can support the first discussion. Identify the ownership, valuation date and any uncertainty, then ask which assets require more precise information before drafting decisions are made.

How should I describe a gift when I have not chosen its legal structure?

Explain who should benefit, when and for what purpose. The drafter can assess suitable wording without you having to invent a trust arrangement or select technical clauses beforehand.

What information about a dependent beneficiary should I mention?

Explain age, support needs, financial dependence and any relevant benefits or existing arrangements. These facts may affect whether an outright gift achieves the support you intend.

Why should the drafter know about a separate overseas will?

A new revocation clause or inconsistent gift could interfere with it. Provide the document so advice can coordinate the relevant countries, assets and intended effect of each will.

Can I regard an emailed draft as my completed will?

No. Review it, resolve outstanding instructions and complete the applicable signing and witnessing requirements. A draft alone does not establish that the intended document has taken legal effect.

Official sources

Sources checked: 9 September 2026. Check the linked guidance for subsequent changes.

  1. GOV.UK: Making a will
  2. GOV.UK: Making sure a will is valid

General information only. The appropriate action depends on your circumstances and the applicable jurisdiction.

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