Many people put off writing a will, thinking it’s something that’s only relevant once you reach a certain age.

Some delay writing a will until after they’re retired or facing ill health. For others, taking care of theirs early can provide valuable peace of mind and security.

There is no correct age to write a will, and plenty depends on your individual circumstances.

What Is the Legal Age Requirement for Making a Will?

In England, Wales, and Northern Ireland, anyone who’s reached the age of 18 can make a will.

If you’re a soldier in active service or a sailor at sea, you can make a will at any time. Meanwhile, in Scotland, the legal age for making a will is 16.

The testator (person making the will) must have the mental capacity to do so. It’s a task that ought to be done voluntarily and be properly executed to make it legal.

Which Life Events Should Prompt You to Consider Making a Will?

Different life events will influence what age to write a will.

As soon as an individual has property or assets, no matter how large or small, they should consider doing so.

If you’re buying your first home or have inherited substantial assets, making a will should become a priority, whatever your age.

If you enter into a marriage or civil partnership, making a will can provide valuable protection and peace of mind.

Similarly, if you live with a partner to whom you’re not married nor in a civil partnership, making a will can ensure they’re provided for in the event of your death (if that’s your wish).

If you experience divorce or separation, it’s essential to update your will to reflect changed circumstances or priorities.

What Are the Benefits of Making a Will Early in Life?

Knowing what age to write a will is a personal choice, but there are numerous reasons why it can be beneficial to do so early in life. These include:

• Allocating Your Assets: Your money, property, and possessions will be allocated to the people and/or causes you wish them to go to.
• Protection for Unmarried Partners: If you’re not married to your partner or have not registered a civil partnership, you cannot inherit from each other unless there is a will. The death of one partner may create serious financial problems for the surviving party, so writing a will ensures they do not suffer hardship after your death.
• Guardianship of Children: You can have a say about who looks after your children. When writing a will, you don’t just decide how your estate is divided; you also appoint legal guardians for dependents under 18. If you don’t, the decision could be left to family courts, who may choose someone you might deem unsuitable.
• Preventing Family Disputes: Dividing up an estate without a will can sometimes lead to squabbles and arguments among those left behind. Contested wills can harm family relationships and be costly if your estate decisions are legally contested. A well-prepared will can help avoid such arguments.
• Inheritance Tax: The inheritance tax charged on your estate depends on how much you have and who you leave it to. Anything left to your spouse or civil partner is exempt from inheritance tax. Leaving property to children or grandchildren may also lower the tax bill compared to leaving it to others.

Which Assets Should Be Included When Drafting Your Will?

As well as knowing what age to write a will, it’s also important to consider what should be included.

A common misconception is that wills are solely about property and money, but they can also reflect your wishes for personal items or end-of-life decisions.

You should also consider setting up a Lasting Power of Attorney.

Nobody likes to think they may not be able to make their own decisions in the future, but it’s beneficial to address this possibility head-on.

Power of Attorney is a legal document allowing someone to make decisions for you or act on your behalf if you’re no longer able or if you no longer want to make your own decisions.

What Happens if You Die Without Making a Will?

If you die without a will in place, you die intestate.

This means the estate will be distributed according to intestacy rules. While this may express your wishes, in many cases, it does not.

The legal process is more complex and lengthy, and you’re not able to specify the kind of funeral you would like.

If you have children, then you won’t be able to specify how and by whom they are looked after. Dying intestate can mean that your loved ones face greater stress and heartache.

These negative consequences are essential to consider when deciding what age to write a will.

Making a Living Will

A living will is different from one that considers how your possessions are divided.

It outlines your wishes for refusing medical treatment if you become terminally ill or lose the ability to make decisions for yourself.

To do this, you can draw up a legal document known as an ‘advance decision’ (formerly called a ‘living will’).

In an advance decision, you can list specific medical treatments you don’t wish to receive and outline situations in which these treatments should not be provided.

An advance decision is legally binding but will only be implemented if you lose capacity or cannot communicate your wishes.

It does not give someone else the power to make other medical decisions on your behalf. For that, you’ll need to put in place a Lasting Power of Attorney.

How Wafer Phillips Can Help

At Wafer Phillips, our experienced wills and probate solicitors can provide confidential advice about writing a will, whatever your age or the size of your estate.

Don’t hesitate to call us at 0151 256 7898 for more information, or if you have any queries.

You can also email us at info@waferphillips.co.uk