Timing of making a will

It is prudent to consider drafting a will at any stage in adult life, particularly if you have assets, dependents, or specific wishes regarding your estate. Under the law of England and Wales, governed primarily by the Wills Act 1837, any person aged 18 or over who has the necessary mental capacity can make a valid will. There is no strict legal requirement to have one, but dying without a will (intestate) means your estate would be distributed according to the intestacy rules set out in the Administration of Estates Act 1925, which may not align with your intentions. For example, if you are unmarried with no children, your estate could pass to parents or siblings rather than a partner.

In practice, I recommend preparing a will as soon as you acquire significant assets, such as property, savings, or investments, or when life circumstances change. Key triggers include:

– Marriage or entering a civil partnership: This automatically revokes any existing will unless it was made in contemplation of the marriage.
– Having children or other dependents: To appoint guardians, provide for their inheritance, or set up trusts.
– Divorce or separation: To update beneficiaries and avoid unintended distributions.
– Purchasing a home or building substantial wealth: To ensure assets pass as you wish, potentially minimising inheritance tax through provisions like nil-rate band trusts.
– Health concerns or advancing age: While not urgent for everyone, it provides peace of mind.

If you already have a will, review it every few years or after major life events to ensure it remains current. Recent procedural changes, such as the temporary allowance for video witnessing during the COVID-19 pandemic (under regulations that expired in January 2022), have reverted to the standard requirement for in-person witnessing by two independent witnesses.

Practically, start by gathering details of your assets, debts, and intended beneficiaries. You could draft a simple will yourself using templates from sources like the government's guidance on GOV.UK or Citizens Advice, but for complexity—such as tax planning or contested family dynamics—consulting a solicitor is advisable to avoid errors that could invalidate it. Options include low-cost services from will-writing firms regulated by bodies like the Society of Will Writers, or free schemes during events like Will Aid.

The best time is when you feel ready and informed, but delaying can lead to complications for your loved ones. If you provide more details about your situation, such as your age, family status, or assets, I can offer more tailored guidance.