Why You Need a Will

If you die without a will in England and Wales, your estate is distributed according to the rules of intestacy — a fixed legal formula that may not reflect your wishes at all. Under these rules, unmarried partners receive nothing regardless of how long you have been together. Step-children are excluded. Close friends get nothing. Even distant relatives you have never met may inherit before the people who matter most to you.

A will gives you control. It lets you decide who receives your money, your property and your possessions. It lets you appoint the person you trust to carry out your wishes. If you have children under 18, it lets you name a guardian to care for them if both parents die.

Making a will online is now a straightforward process. For most people with a straightforward estate, it can be done quickly, affordably and without a solicitor.

Who Can Make a Will in England and Wales

To make a valid will in England and Wales you must be aged 18 or over and have testamentary capacity — meaning you understand what you are doing, what you own and who your close family are. You must be acting freely and voluntarily, without pressure from anyone else.

There is no requirement to use a solicitor. Many people successfully make their own wills using an online document preparation service. Whether this is the right approach for you depends on how straightforward your circumstances are.

What a Simple Will Covers

A simple will prepared through our service can include:

• Executors — the person or people responsible for carrying out your wishes after you die. You should appoint a primary executor and a substitute in case your first choice cannot act.
• Guardians — if you have children under 18, you can name who you would like to care for them if both parents die.
• Cash gifts — specific sums of money left to named individuals or organisations.
• Personal possessions — items of sentimental or financial value left to specific people.
• Your residuary estate — everything else you own, divided between your chosen beneficiaries in the proportions you specify.
• Funeral wishes — not legally binding but recorded in your will as a guide for your executors.
• Business interests — what should happen to any business you own, subject to any shareholders agreement that may apply.
• Property — how your share of any property should be dealt with, depending on how it is owned.

A simple will is not suitable if you need a property trust, if you want to gift a business or property in complex circumstances, or if your estate is very large or involves foreign assets. For those situations, our Complex Will with Property Trust service may be more appropriate.

How Property Works in a Simple Will

How your property is dealt with in your will depends entirely on how it is owned. This is one of the most commonly misunderstood aspects of will writing.

If you own a property as joint tenants with another person, your share passes automatically to the surviving owner when you die — your will has no effect on it at all. If you want your share to pass under your will instead, you need to change the ownership to tenants in common first, using a document called a Notice of Severance.

If you own a property as tenants in common, your share forms part of your estate and passes under your will. You can leave it to whoever you choose.

If you are not sure how your property is owned, we offer a Title Register Check for £10 — we obtain the Land Registry title register and confirm the ownership type for you.

How to Sign Your Will Correctly

A will that is not signed correctly is not legally valid. The signing requirements in England and Wales are set out in section 9 of the Wills Act 1837 and are straightforward but must be followed precisely.

Your will must be:

• In writing
• Signed by you at the end of the document
• Witnessed by two independent witnesses who are both present at the same time when you sign
• Signed by both witnesses in your presence

Your witnesses must be adults. They must not be beneficiaries under your will, and they must not be the spouse or civil partner of a beneficiary — if they are, the gift to that person fails. They do not need to read the will or know what is in it.

Do not make any written alterations to your will after it has been signed. If you need to make changes, prepare a new will or a codicil instead.

When to Use a Solicitor Instead

An online will preparation service is suitable for most people with straightforward circumstances. However, a solicitor may be more appropriate if:

• Your estate is very large or complex — as a general guide, estates over £2 million may benefit from specialist advice
• You own property abroad
• You own agricultural land or a farming business
• You need complex inheritance tax planning
• You own a business and need Business Property Relief advice
• Your family circumstances are complex and a challenge to your will is likely

We always recommend seeking independent legal advice alongside using our service, particularly if your circumstances are not straightforward. We do not provide legal advice.

Keep Your Will Up to Date

Your will should be reviewed whenever your circumstances change significantly — after marriage, divorce, the birth of a child, a house purchase or the death of a named beneficiary. A will that was correct when you made it may no longer reflect your wishes years later.

Our Will Amendment Subscription (£10 per year) allows you to make up to three amendments to your will each year by email. It must be purchased at the time of your original will order.

The Two Types of Joint Property Ownership

In England and Wales, when two or more people own a property together they do so in one of two ways. The names sound similar but the legal consequences are very different.

Joint Tenants

Joint tenancy is the most common form of ownership between couples purchasing a home together. Under this arrangement the owners do not hold separate identifiable shares — they own the whole property together. When one owner dies, their interest passes automatically to the surviving owner. This is called the right of survivorship.

This automatic transfer happens regardless of what your will says. If you are a joint tenant and your will leaves your share of the property to your children, that gift will fail. The property passes to the surviving owner by operation of law, not through your estate.

This can cause serious problems for people in second relationships, for unmarried couples who want to protect children from a previous relationship, and for owners who have contributed very different amounts to a purchase.

Tenants in Common

Tenants in common each own a distinct share of the property. Shares can be equal — 50/50 — or unequal, such as 60/40 or 70/30. Each owner's share is their individual property and they can deal with it as they choose.

When a tenant in common dies, their share does not pass automatically to the surviving owner. Instead it forms part of their estate and passes according to their will — or under the rules of intestacy if they do not have one. This means you can leave your share to whoever you wish.

Why the Difference Matters

The distinction between joint tenants and tenants in common matters in several important practical situations:

• Making a will: If you own as joint tenants and want to leave your share of the property to someone other than the co-owner — for example, children from a previous relationship — you must change to tenants in common first. A joint tenancy overrides your will.
• Declaration of Trust: If you and a co-owner have contributed different amounts to a property purchase, a Declaration of Trust records your respective shares. This only works if the property is owned as tenants in common.
• Complex Will with Property Trust: A life interest trust over property — protecting your share for final beneficiaries while allowing someone to live there — requires tenants in common ownership.
• Unmarried couples: Without the automatic protections that marriage provides, tenants in common ownership gives each partner legal certainty over their own share.
• Care home costs: Some people seek advice on ownership type in relation to future care costs. This is a complex area involving legal and financial considerations. We strongly recommend independent legal and financial advice on this topic.

How to Find Out How Your Property is Owned

The Land Registry title register for your property is the most reliable way to check. If a restriction is entered on the register referring to the owners holding the property on trust, this usually indicates tenants in common ownership. The absence of such a restriction generally suggests joint tenancy — though this alone is not always conclusive.

If you are unsure, our Title Register Check (£10) provides you with the official Land Registry title register and confirms how your property is owned. This is a quick and inexpensive way to be certain before making decisions about your will or property documents.

Changing from Joint Tenants to Tenants in Common

You can change a joint tenancy to a tenancy in common at any time by serving a Notice of Severance. Once served, the joint tenancy is severed and each owner holds their own defined share.

One owner can serve a Notice of Severance without the agreement of the other. However the other owner should be notified. The Notice should be kept safely with your will and title deeds. For added protection you can register the Notice with the Land Registry — this is outside the scope of our service but we include guidance notes with every Notice of Severance we prepare.

After severing the joint tenancy you should consider whether you need a Declaration of Trust to record how the shares are divided, particularly if you and the other owner have contributed different amounts to the purchase.

Sole Ownership

If you own a property entirely in your own name, the joint tenancy question does not apply. Your property forms part of your estate and passes under your will. You can leave it to whoever you choose, or place it in trust for specific beneficiaries.

What is a Declaration of Trust?

A Declaration of Trust — sometimes called a Deed of Trust — is a legal document that sets out how a property is owned between two or more people. It records each owner's share of the property, what happens if one person wants to sell, and how the property should be dealt with if the owners separate or one of them dies.

A Declaration of Trust is used where property is owned as tenants in common — that is, where each owner holds a defined share. It gives both legal clarity and practical protection to everyone involved.

When Do You Need a Declaration of Trust?

A Declaration of Trust is particularly important in the following situations:

• Unequal deposits: If one person contributes more towards the deposit than the other, a Declaration of Trust records that difference and ensures each person gets their contribution back on sale.
• Parent helping with a deposit: If a parent contributes to a deposit for a child and their partner, a Declaration of Trust protects that contribution and records whether it is a gift, a loan or a share in the property.
• Unmarried couples: Without the legal protections of marriage, a Declaration of Trust gives each partner certainty about their share of the property regardless of what happens to the relationship.
• Friends or relatives buying together: Where two or more people who are not a couple buy a property together, a Declaration of Trust records how costs, maintenance and eventual sale proceeds should be divided.
• Protecting against future disputes: A written agreement reached at the time of purchase is far easier to rely on than trying to reconstruct an oral agreement years later.

What Does a Declaration of Trust Contain?

A well-prepared Declaration of Trust typically covers:

• The full address and Land Registry title number of the property
• The name and address of each owner
• Each owner's percentage share of the property
• How much each owner contributed to the deposit
• How mortgage payments, maintenance costs and other expenses are shared
• What happens if one owner wants to sell their share
• What happens if the relationship breaks down or one owner dies
• How the net proceeds of sale are divided when the property is sold

Does the Property Need to be Tenants in Common?

Yes. A Declaration of Trust only works properly if the property is owned as tenants in common, not joint tenants. If your property is currently owned as joint tenants, you will need to serve a Notice of Severance first to change the ownership type before a Declaration of Trust takes effect.

If you are not certain how your property is owned, we offer a Title Register Check for £10 to confirm this. If a Notice of Severance is needed, we can prepare this for £49.

Once we have confirmed ownership is tenants in common, or once the Notice of Severance has been served, your Declaration of Trust can be prepared.

What a Declaration of Trust Cannot Do

A Declaration of Trust records your beneficial interests in the property — that is, who owns what share financially. It does not change who is named on the mortgage. All mortgage holders remain jointly and severally liable for the mortgage debt regardless of what the Declaration of Trust says. If one owner stops paying their share of the mortgage, the lender can pursue the other for the full amount.

If you have a mortgage on the property, you should let your lender know you are entering into a Declaration of Trust. In some cases your mortgage terms may require consent. We strongly recommend checking with your mortgage lender and seeking independent legal advice before proceeding.

Does Your Will Control Your Property?

The short answer is: it depends. In England and Wales, whether property passes under your will is determined by the type of joint ownership you have.

If you own a property as joint tenants, your share passes automatically to the surviving owner when you die — regardless of what your will says. Your will has no legal effect on that property at all.

If you own a property as tenants in common, your share forms part of your estate and passes under your will to whoever you have named.

If you own a property solely in your own name, it forms part of your estate and passes under your will.

What is a Notice of Severance?

A Notice of Severance is a document that converts joint tenancy ownership into tenants in common ownership. Once served, each owner holds their own distinct share of the property, and that share can be dealt with under their will.

A Notice of Severance can be served by one owner without the other's agreement — though the other owner must be notified. Once served it cannot be undone unilaterally. Both owners then hold the property as tenants in common in equal shares unless a Declaration of Trust specifies otherwise.

The Notice should be kept safely. For additional protection it can be registered with the Land Registry, though this is not a legal requirement. Registering the Notice puts the change on the official public record. We include guidance notes about registration with every Notice of Severance we prepare, though the registration itself is outside our service.

When Do You Need a Notice of Severance?

You should consider a Notice of Severance if:

• You own a property as joint tenants and want to leave your share to someone other than the co-owner in your will
• You want to place your share of a property in trust under your will — for example, a life interest trust to protect your children's inheritance
• You want to prepare a Declaration of Trust recording unequal ownership shares
• Your relationship with the co-owner has changed and you want to protect your share going forward
• You are in a second relationship and want to protect your share of a property for children from a previous relationship

Gifting Property in Your Will

If your property is owned as tenants in common or solely in your own name, you have several options in your will:

Let it fall into your residuary estate — this is the default. Your share of the property passes to whoever you name as your residuary beneficiaries, in the proportions you specify. No specific gift of the property is needed. This is the simplest option.

Gift the property to a specific person — you can name an individual to receive your share of the property directly. This is useful where you want the property to go to someone different from your main residuary beneficiaries.

Place the property in trust — a life interest trust allows a named person (the life tenant) to live in the property after your death while protecting your share for your chosen final beneficiaries. This requires a Complex Will with Property Trust. The property must be owned as tenants in common for this to work.

You cannot gift a property that you own as a joint tenant in your will — the right of survivorship overrides the gift.

What is the Residuary Estate?

Your residuary estate is everything you own that has not been specifically gifted in your will — including money, investments, personal possessions and property that forms part of your estate. It passes to your residuary beneficiaries in the proportions you specify.

If you are happy for your share of a property to go to your residuary beneficiaries — for example, your children equally — you do not need to include a specific gift of the property in your will. It will pass to them automatically as part of your residuary estate, provided the property is owned as tenants in common or solely.

Do You Need a Title Register Check First?

Before making decisions about your will or preparing a Notice of Severance, it is worth confirming how your property is actually owned. Many people assume they know but have never checked the Land Registry record.

Our Title Register Check (£10) provides you with the official Land Registry title register for your property and confirms the ownership type. If a Notice of Severance is needed we can prepare it for £49. If you need a Declaration of Trust to record ownership shares we can prepare that for £79.

Why Would You Need a Property Trust?

A property trust in your will is most commonly used in second relationship and blended family situations. Here is a typical example:

A husband and wife each have children from previous relationships. They own their home as tenants in common. The husband wants his wife to be able to stay in the home after he dies — but he also wants to protect his share of the property for his own children when his wife eventually dies. Without a property trust, the husband's share would pass outright to his wife. She could then leave it however she wished in her own will — potentially to her own children, cutting out the husband's children entirely.

A property trust prevents this. The husband's share is held in trust. The wife has the right to live there for the rest of her life. When she dies, the husband's share passes to his chosen beneficiaries — his children.

Property trusts are also used to protect a property from being redirected through a surviving spouse's remarriage, or to ensure that a vulnerable beneficiary has a secure home without outright ownership creating complications.

What is a Life Interest Trust Over Property?

A life interest trust over property gives a named person — the life tenant — the legal right to occupy the property, or your share of it, for their lifetime. The life tenant does not own the property. They have a right of occupation — the right to live there rent-free.

The property itself is held by trustees, who manage it in accordance with the terms of your will. When the life tenant dies — or when any conditions you have specified are met — the property passes to your chosen final beneficiaries, known as the remaindermen.

The life tenant is usually responsible for council tax, utilities, buildings insurance and general maintenance costs while they are occupying the property, unless your will states otherwise.

What is a Right of Occupation?

A right of occupation is a personal right to live in a property for a defined period or subject to specified conditions. Unlike a life interest trust, a right of occupation does not give the occupier any beneficial or legal interest in the property itself. It is a more limited and more controllable right.

A right of occupation is often used where you want to give someone a home for a fixed period — for example, until they remarry or until children reach a certain age — rather than for their lifetime.

The trustees named in your will retain full legal ownership and control of the property throughout the right of occupation. The occupier cannot sell the property, receive income from it or redirect it.

Key Differences Between a Life Interest and a Right of Occupation

Both protect your property for your final beneficiaries while allowing someone to live there. The key differences are:

• A life interest trust gives the life tenant a recognised legal right in the property which may have value — it is a more substantial interest. A right of occupation is a purely personal permission to live there.
• A right of occupation offers trustees greater flexibility and control over the property — for example, it is easier for trustees to manage a sale or deal with the property if the occupier's circumstances change.
• A life interest trust is more commonly used for long-term arrangements, particularly in second relationship scenarios. A right of occupation is often more suitable for shorter-term or conditional arrangements.

The right approach depends on your specific circumstances, the nature of your relationship with the proposed occupier, and how much control you want the trustees to have. We recommend seeking independent legal advice if you are unsure which is more suitable.

Requirements for a Property Trust to Work

For a property trust in your will to be effective:

• The property must be owned as tenants in common — not joint tenants. If you own the property as joint tenants, a Notice of Severance must be served first to convert the ownership.
• You must name trustees to hold and manage the property. In most cases the same people act as both executors and trustees.
• You must name the life tenant or occupier clearly — their full name and relationship to you.
• You must name the final beneficiaries who will receive your share when the trust ends.
• You should specify the conditions under which the trust ends — for example, on the life tenant's death only, or earlier if they remarry, cohabit with a new partner or permanently leave the property.

If you have a mortgage on the property, you should speak to a financial advisor about appropriate life insurance cover. The mortgage lender's position is not affected by the trust — if there is an outstanding mortgage, the trustees and remaining owner remain liable for it.

What Can the Life Tenant Do With the Property?

Unless your will says otherwise, the life tenant can live in the property rent-free for the duration of their right. They cannot sell it, mortgage it or leave it in their own will. They cannot redirect your share to someone else through remarriage or any other means.

You can give trustees the power to sell the trust property and purchase a replacement property for the life tenant to occupy — this is useful if the life tenant wishes to move to a smaller home or a different area. You can also allow the property to be rented out if the life tenant consents or no longer wishes to live there, with the rental income passing to the life tenant if you choose.

What is an Executor?

Your executor is the person legally responsible for administering your estate after you die. Their role begins when they receive your death certificate and ends when your estate has been fully distributed to your beneficiaries.

An executor's duties typically include: registering the death if no other family member has done so; arranging the funeral if required; identifying and securing all assets — bank accounts, property, investments, personal possessions; applying to the Probate Registry for a Grant of Probate which gives them legal authority to deal with the estate; collecting all money owed to the estate; paying all debts and liabilities, including any inheritance tax due; distributing the estate to beneficiaries in accordance with the will; and preparing estate accounts.

Being an executor is a significant legal responsibility. It can take months or even longer for complex estates. It is unpaid unless your will specifically provides otherwise or the executor is a professional.

What is a Trustee?

If your will includes a trust — for example, money held for a child until they reach a certain age, or a property trust for a life tenant — the people responsible for managing that trust are your trustees.

In most wills the same people act as both executors and trustees, simply performing different roles at different stages. As executor they wind up the estate. As trustee they then manage any ongoing trust for the beneficiaries.

A trustee's duties include holding trust assets safely, investing them prudently where appropriate, acting in the best interests of all beneficiaries — both current and future — and distributing assets to beneficiaries when the trust ends. Trustees must follow the terms of your will precisely and comply with their legal duties under trust law.

A trust over property can continue for decades — for example, a life interest trust that lasts until a life tenant in their fifties eventually dies. Choosing trustees who are likely to still be able to act for the duration of the trust is important.

Who Can Be an Executor or Trustee?

In England and Wales, any person aged 18 or over who has mental capacity and is willing to act can be an executor or trustee. There is no professional qualification required. Most people appoint a spouse or civil partner, an adult child, a sibling or a close friend.

You can appoint up to four executors in England and Wales, though one or two is most common. You can appoint a professional — such as a solicitor — but they will charge for their time, which is taken from the estate.

You can also appoint a trust corporation or professional trustee for ongoing trusts, though again this involves cost. For most straightforward situations, appointing trusted family members or friends is perfectly appropriate.

Why You Should Always Appoint Substitutes

It is strongly recommended that you appoint at least one substitute executor and trustee in your will. This is the person who steps in if your first choice is unable or unwilling to act — because they have died, because they have lost mental capacity, because they live abroad, or simply because they choose to step aside.

If no executor named in your will is able to act, someone must apply to the court for authority to administer the estate. This causes delay, cost and uncertainty for your family at an already difficult time. A simple substitute appointment avoids this entirely.

If your will includes a trust for children under 18 or a property trust, having two trustees acting together is standard good practice. Two trustees provide a check on each other and are required in some circumstances — for example, when selling land held on trust.

Things to Consider When Choosing

When choosing your executor and trustees, consider:

• Trust: Are they completely trustworthy with financial matters? Do they have any personal interest that might conflict with the beneficiaries?
• Practicality: Are they organised and capable of dealing with paperwork, HMRC and financial institutions?
• Availability: Do they live reasonably close by? Will they still be able to act when the time comes?
• Age: If you appoint someone of similar age to you, they may predecease you or lack capacity when needed. Consider whether a younger person might be a better long-term choice.
• Willingness: Have you spoken to them? Executors and trustees must consent to the role. Nobody should be surprised to find themselves appointed.

Always tell your chosen executors and trustees where your will is kept. A will that nobody can find is almost as problematic as not having one.

What is a Guardian?

A guardian is the person you appoint in your will to take on parental responsibility for your child or children if you die and no other person with parental responsibility survives you. If your appointment becomes effective, your chosen guardian will be responsible for where your child lives, how they are educated, and how their day-to-day needs are met.

In England and Wales, guardianship under a will lasts until the child turns 18.

When Does Your Guardianship Appointment Take Effect?

A guardianship clause in your will only becomes effective if, at the time of your death, your child is under 18 and there is nobody else with parental responsibility surviving you.

If your child's other parent is still alive and has parental responsibility, they continue to care for the child. Your appointed guardian does not automatically take over just because you have died. This is true whether you were married to the other parent or not.

If both parents die at the same time or close together, and your child is under 18, your appointed guardian steps in. This is the scenario that most parents are protecting against.

Even if your appointment does not take effect immediately, having it in your will is a clear expression of your wishes that can guide any future decisions about your children's care.

Who Can You Appoint as Guardian?

You can appoint almost anyone as guardian provided they are 18 or over, willing to take on the role, and capable of caring for your child. You can appoint:

• A single individual
• A couple — for example, a sibling and their spouse — who would act together
• A substitute guardian in case your first choice is unable to act

The most important qualities are that your child knows and trusts the person, that they share your values about upbringing and education, that they have the practical ability to care for a child, and that they genuinely want to take on this responsibility.

Important Practical Considerations

Appointing two guardians who live in separate households can create practical difficulties about where a child lives. Where possible, appointing people who live together or very nearby tends to work more smoothly.

Consider whether your chosen guardian is physically and financially capable of caring for your child — particularly if your children are young and the guardian is older. This is not about excluding older relatives, but about thinking practically about who can provide long-term stability.

The guardian will not automatically be entitled to manage any money left to your child. Your executor and trustee handle the financial side. The guardian handles the child's day-to-day care and upbringing. These roles are separate, though you can appoint the same person to both if you choose.

Always Talk to Your Chosen Guardian

Never appoint a guardian without having that conversation with them first. Being named as a guardian in someone's will without prior discussion can be overwhelming and unfair. The person you choose needs to know what you are asking of them, to consent to the role, and to understand where your will is kept.

It is also worth considering what would happen to your children in the immediate short term if both parents died unexpectedly — before probate is granted and before the guardian formally takes on their role. Naming an interim carer in a letter of wishes alongside your will can provide useful practical guidance.

Appointing a Substitute Guardian

Just as you should appoint a substitute executor, appointing a substitute guardian is good practice. If your first choice is unable or unwilling to act, your substitute steps in. Without a substitute, there is no clear instruction for who should care for your children if your first choice is unavailable.

What is a Disaster Provision?

A disaster provision — also called a common tragedy clause — is a clause in your will that sets out what should happen to your estate if none of your chosen beneficiaries survive you. It is a backstop for the most unlikely but devastating of circumstances.

While the scenario is rare, serious accidents or disasters can result in several members of the same family dying at or around the same time. Without a plan for this, your estate could end up in the wrong hands entirely.

What Happens Without a Disaster Provision?

If you die and all of your named beneficiaries have also died, your estate does not simply disappear. It is dealt with according to the rules of intestacy — a set of legal rules in England and Wales that determine who inherits when there is no effective will or when all named beneficiaries have died.

The intestacy rules prioritise certain relatives in a fixed order: spouse or civil partner, children, parents, siblings, and so on. If none of those relatives survive, your estate passes to the Crown.

The problem is that this legal formula may bear no resemblance to your actual wishes. If you would want your estate to go to close friends, more distant relatives, or charitable causes, the intestacy rules will not achieve this. Only a properly drafted disaster provision can.

What Does a Disaster Provision Look Like?

A disaster provision typically names one or more backup beneficiaries who receive the estate if all primary and substitute beneficiaries have died. These might be:

• More distant relatives — cousins, nephews, nieces
• Close friends who are not already named as main beneficiaries
• One or more registered charities whose continued existence can be relied upon

Many people choose to include a registered charity as part of their disaster provision. Established charities are long-standing organisations that are very unlikely to cease to exist. A gift to a registered charity in your will is also exempt from inheritance tax — so in the most extreme circumstances, your estate could benefit a cause you care about and reduce the tax liability at the same time.

Substitute Beneficiaries vs Disaster Provisions

It is worth understanding the difference between a substitute beneficiary and a disaster provision.

A substitute beneficiary is the person who inherits a specific gift if your first-choice beneficiary dies before you. For example: you leave £10,000 to your sister, but if she dies before you, the money goes to her children instead.

A disaster provision deals with the catastrophic scenario where all beneficiaries — primary and substitute — have died. It is the ultimate safety net for your estate.

Both are worth including. A substitute beneficiary provides for the most likely scenarios. A disaster provision covers the extreme ones.

What is a Lifetime Gift?

A lifetime gift is any money, property or valuable asset you give to someone while you are alive. Common examples include helping a child with a house deposit, giving a sum of money to mark a significant occasion, selling a property to a relative at below market value, or writing off a debt that someone owed you.

From an inheritance tax perspective, gifts made during your lifetime may be relevant to your estate if you die within seven years of making them. These are called Potentially Exempt Transfers — they are potentially exempt from inheritance tax because if you survive for seven years after the gift, no inheritance tax is due on it. If you die within seven years, a sliding scale of tax relief may apply depending on when the gift was made.

We do not provide tax advice. The inheritance tax rules around lifetime gifts are complex and you should seek independent advice from a qualified accountant or financial advisor if you are concerned about the tax implications of gifts you have made or plan to make.

The Fairness Problem

Suppose you have two adult children. Over the years, you gave one of them £60,000 to help buy a house. The other received nothing — they were more financially independent and did not need the help. Your will divides your estate equally between them.

On the face of it, that seems fair — 50/50. But across their lifetimes, one child has received £60,000 more than the other from you. Is the equal split in your will actually equal in practice?

This is the problem the hotchpot clause addresses.

What is the Hotchpot Clause?

The hotchpot clause is a provision in your will that requires a beneficiary to bring any substantial lifetime gifts they have received from you into account before taking their share of your estate. The idea is to ensure that all beneficiaries end up with an overall fair share of everything you have given and left, not just an equal slice of what remains at your death.

The clause works by having the executor notionally add back the value of any relevant lifetime gifts, calculate the total, and then divide it according to your will — adjusting each beneficiary's share accordingly. The child who received the £60,000 does not pay it back into the estate, but they account for it by receiving a smaller share of what remains.

This is not a legal requirement. It is an optional clause that you include if you want it to apply. Without it, your will is followed exactly as written regardless of any lifetime gifts you have made.

When Should You Include a Hotchpot Clause?

A hotchpot clause is worth considering if:

• You have given significantly more to one child than another during your lifetime
• You want your children to be treated fairly overall — not just equally in terms of what your will says
• You want to reduce the risk of disputes among your beneficiaries after your death

You may not want to include it if you deliberately gave more to one child and view that as separate from their inheritance, or if you see lifetime gifts as extra help rather than an advance on what they will receive from your estate.

The clause only applies to the beneficiaries you specify and to the gifts you record. Good record-keeping — noting who received what, when and why — makes the clause far easier for your executor to apply correctly.

The Inheritance (Provision for Family and Dependants) Act 1975

In England and Wales, the Inheritance (Provision for Family and Dependants) Act 1975 gives certain categories of people the right to apply to the court for financial provision from a deceased person's estate, even if that person was not named in the will or was specifically excluded from it.

This law exists because English and Welsh law, unlike some other legal systems, does not give close family members an automatic guaranteed share of an estate. You are largely free to leave your estate to whoever you choose. However, the 1975 Act provides a legal remedy for people who depended financially on the deceased and are left without adequate provision.

Who Can Make a Claim?

The following categories of person can apply under the 1975 Act:

• A current spouse or civil partner
• A former spouse or civil partner who has not remarried or entered a new civil partnership
• A person who was living with the deceased as husband or wife — or as civil partners — for at least two years immediately before the death
• A child of the deceased — including adult children
• Any person treated by the deceased as a child of the family — for example, stepchildren
• Any other person who was being maintained, wholly or partly, by the deceased immediately before their death

Being in one of these categories does not mean a claim will succeed. The court applies different tests depending on the relationship. A spouse or civil partner is assessed on what would be reasonable for them to receive. Other applicants are assessed on what would be reasonable for their maintenance.

What Does the Court Consider?

When deciding whether to make an order and how much to award, the court considers a wide range of factors. These include the financial resources and needs of the applicant and all other beneficiaries, any obligations the deceased had towards the applicant, the size and nature of the estate, the physical or mental condition of the applicant, and any other relevant circumstances.

Adult children who are financially independent and capable of supporting themselves face a more difficult path to a successful claim than, say, a cohabiting partner who was entirely financially dependent on the deceased.

Claims must generally be brought within six months of the Grant of Probate or Letters of Administration, though the court has discretion to allow later claims in exceptional circumstances.

How to Reduce the Risk of a Claim

There is no way to make your estate entirely immune from a claim under the 1975 Act — but there are steps you can take to reduce the risk and strengthen your estate's position if a claim is made.

• Keep a letter of wishes: A letter alongside your will explaining your reasons for any decisions that might seem surprising — why you have left less to one person, or nothing to someone who might have expected a gift — can help your executors understand and explain your intentions.
• Ensure dependants are adequately provided for: If you have someone who is financially dependent on you, leaving them nothing at all is more likely to result in a successful claim than leaving them something, even if it is not as much as they might want.
• Seek independent legal advice: If your circumstances are complex — blended family, estranged children, financially dependent former partner — independent legal advice is particularly important. We are a document preparation service and do not provide legal advice on the risk of claims against your estate.
• Keep your will up to date: A will that was reasonable when made may become inadequate as circumstances change — for example, if a cohabiting partner becomes more financially dependent over time.

What Has Changed Under the Renters Rights Act 2025?

The Renters Rights Act 2025 received Royal Assent in October 2025 and is being brought into force in stages. The first major phase takes effect on 1 May 2026. The key changes are:

• The assured shorthold tenancy is abolished. All new private residential tenancies in England from 1 May 2026 are assured periodic tenancies — there are no fixed terms.
• Section 21 no-fault evictions are abolished. Landlords can no longer serve a Section 21 notice to recover possession without a reason.
• Possession can only be sought under Section 8, using one of the specified statutory grounds.
• A new Written Statement of Terms must be provided to tenants before a new tenancy is signed.
• Rent increases are limited to once per year using a prescribed process.

Section 21 is Gone — What Does This Mean in Practice?

Section 21 allowed landlords in England to give two months' notice to a tenant to leave at the end of a fixed term, without giving any reason. This route is now closed.

To recover possession of your property, you must now rely on Section 8, which requires you to cite a valid ground for possession. Grounds include rent arrears, breach of tenancy conditions, the landlord wishing to sell, and various others. The strength of your case depends on which ground applies and whether you have the evidence to support it.

This makes having a well-drafted tenancy agreement even more important. A clear, professionally prepared agreement that records the tenant's obligations, the rent due and any relevant conditions is your foundation for any future Section 8 claim.

The Written Statement of Terms

From 1 May 2026, landlords must provide tenants with a Written Statement of Terms before a new tenancy is entered into. This can be incorporated into the tenancy agreement itself or provided as a separate document. The Written Statement must include prescribed information — landlord name and address, tenant name, property address, rent, rent due date and other specified details.

Failure to provide a compliant Written Statement carries a civil penalty of up to £7,000. This is a new and immediate risk for landlords who have not updated their agreements.

Our tenancy agreements — both AST and HMO — are prepared in compliance with the Renters Rights Act 2025 and include all required Written Statement information.

What About Existing Tenancies?

Existing tenancies that were in place before 1 May 2026 automatically convert to assured periodic tenancies from that date. You do not need to issue new agreements for existing tenants. However, you do need to provide the government's official Information Sheet to all existing tenants by 31 May 2026.

Fixed-term clauses, break clauses and rent review clauses in existing agreements become unenforceable from 1 May 2026 by operation of law — you do not need to amend the agreement itself.

Do You Need a New Tenancy Agreement?

Yes, if you are creating any new tenancy from 1 May 2026 onwards, you need a tenancy agreement that complies with the Renters Rights Act 2025. Pre-May 2026 AST templates will not be compliant.

Our tenancy agreements are prepared specifically for use in England under the new regime, compliant with the Renters Rights Act 2025. We prepare both standard residential tenancy agreements and HMO tenancy agreements for houses in multiple occupation.

HMO Landlords

If you let a property to three or more tenants forming more than one household, sharing facilities such as a kitchen or bathroom, your property is likely an HMO — a house in multiple occupation. HMO landlords may require a mandatory licence from their local authority, and may be subject to additional licensing requirements depending on their local area.

HMO tenancy agreements have additional specific requirements. We prepare HMO-specific tenancy agreements that address the particular obligations of HMO landlords.

Are Pre-Nuptial Agreements Legally Binding in England and Wales?

Pre-nuptial agreements are not automatically legally binding in England and Wales in the same way as a contract. Unlike many other countries, there is no statute that makes a prenuptial agreement automatically enforceable. However, following the landmark Supreme Court decision in Radmacher v Granatino in 2010, the courts in England and Wales will give significant weight to a prenuptial agreement — and in many cases will uphold it — provided certain requirements are met.

The key principle from Radmacher is that the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications, unless it would be unfair to do so in the circumstances prevailing at the time of the divorce.

In practice, this means a well-prepared prenuptial agreement entered into properly is a powerful document that courts take seriously — even if it is not guaranteed to be followed in every circumstance.

What Does a Pre-Nuptial Agreement Cover?

A pre-nuptial agreement sets out how assets should be divided if the marriage breaks down. It is prepared before the marriage takes place — the earlier, the better, and certainly no less than 28 days before the wedding date.

A pre-nuptial agreement can cover: property owned by each party before the marriage; savings and investments; business interests; pensions; inherited assets or anticipated inheritances; how future assets acquired during the marriage should be treated; and financial arrangements on divorce.

A pre-nuptial agreement cannot override the court's powers on divorce entirely. The court will always consider fairness, the welfare of any children, and whether both parties' reasonable financial needs are met. A prenuptial agreement that left one party in genuine financial hardship on divorce is unlikely to be upheld in full.

What Makes a Pre-Nuptial Agreement More Likely to Be Upheld?

The courts in England and Wales are more likely to give full effect to a pre-nuptial agreement where:

• Both parties obtained independent legal advice before signing
• The agreement was entered into well before the wedding — at least 28 days is the minimum recommended, and earlier is better
• Both parties made full and honest financial disclosure to each other
• Neither party was put under pressure to sign
• The terms are broadly fair and do not leave either party unable to meet their reasonable needs
• The agreement is in writing and properly executed

Independent legal advice for both parties is strongly recommended. Our service prepares the pre-nuptial agreement document — we do not provide legal advice on whether the terms are right for your circumstances. Both you and your future spouse should have the document reviewed by your own independent solicitor before signing.

The 28-Day Rule

A pre-nuptial agreement should be signed no less than 28 days before the wedding date. An agreement signed in the days immediately before the wedding may be questioned on the grounds that one party was under pressure to sign, or did not have time to properly consider its terms and take advice.

We cannot accept orders for pre-nuptial agreements where the wedding is fewer than 28 days away.

Post-Nuptial Agreements

If you are already married and want to put in place a formal agreement about your finances, a post-nuptial agreement works in the same way and is given similar weight by the courts in England and Wales. Post-nuptial agreements are often used when circumstances change after marriage — such as one party receiving a significant inheritance or starting a business — and the parties want to record how that asset should be treated.

What is a Non-Disclosure Agreement?

A Non-Disclosure Agreement is a legally binding contract between two or more parties that restricts the use and disclosure of confidential information. One or both parties agree that information shared between them will be kept confidential and used only for the specified purpose.

An NDA is typically the first document signed before any substantive business discussion takes place. It creates a legal framework that allows both parties to share sensitive information openly, safe in the knowledge that the other party is legally obligated to keep it confidential.

What Information Can an NDA Protect?

An NDA can protect virtually any category of confidential information, including:

• Business plans and strategies
• Financial information — revenue, costs, forecasts
• Client and customer lists
• Technical specifications, software code or processes
• Trade secrets and proprietary methods
• Personal data about employees or customers
• Product development plans or prototypes
• Terms of a potential transaction or deal

The NDA should describe the confidential information clearly. Vague descriptions can make an NDA harder to enforce — the more specific you can be about what is confidential, the stronger your protection.

Mutual vs One-Way NDAs

There are two main types of NDA, and choosing the right one depends on who is sharing confidential information.

A one-way NDA — also called a unilateral NDA — imposes confidentiality obligations on one party only. This is appropriate where only one party is sharing sensitive information. For example, if you are disclosing your business plans to a potential investor or contractor but they are not sharing anything sensitive in return, a one-way NDA protects your information without imposing unnecessary obligations on the other party.

A mutual NDA — also called a bilateral NDA — imposes confidentiality obligations on both parties. This is appropriate where both parties will be sharing sensitive information with each other. For example, if two businesses are exploring a potential partnership or joint venture and both will be disclosing commercially sensitive information, a mutual NDA protects both sides equally.

What Else Should an NDA Include?

A well-drafted NDA should specify:

• The purpose for which the information is being shared — for example, to explore a potential business partnership
• Exactly what information is confidential — and what is excluded, such as information that is already publicly known
• How long the confidentiality obligations last — one, two, three or five years, or indefinitely
• What happens if confidential information is disclosed in breach of the agreement
• The governing law — England and Wales in our case
• Whether injunctive relief is available — this allows a party to apply for a court order to stop a breach quickly, without having to prove financial loss first

When Should You Use an NDA?

You should consider an NDA whenever you are about to share sensitive information with someone who is not already bound by confidentiality — for example, an employee contract. Common situations include:

• Preliminary discussions with a potential business partner or investor
• Engaging a freelancer, consultant or contractor who will have access to sensitive systems or information
• Exploring a potential acquisition or sale of a business
• Sharing technical information or intellectual property with a supplier or manufacturer
• Any situation where you are disclosing information you would not want the other party to use for their own benefit or share with others

An NDA is not a substitute for other protections — patents, trademarks and copyright protect intellectual property in different ways. An NDA is a contractual remedy that can be enforced through the courts if breached.

What is a Shareholders Agreement?

A shareholders agreement is a private contract between the shareholders of a company that governs how the company is run and how the shareholders deal with each other. Unlike a company's articles of association — which are filed at Companies House and are publicly available — a shareholders agreement is confidential.

A shareholders agreement works alongside the articles of association. Where they conflict, the articles generally prevail, so it is important to ensure the two documents are consistent. A good shareholders agreement addresses all the important issues that the standard model articles do not deal with adequately for most small businesses.

What Does a Shareholders Agreement Cover?

A comprehensive shareholders agreement for a small business typically covers:

• Voting rights: How decisions are made — by simple majority, by unanimous agreement for certain decisions, or by some other arrangement. Reserved matters requiring unanimous consent are particularly important — these are decisions too significant to be made by majority vote alone.
• Share transfers: Whether shareholders can sell their shares freely or must offer them to existing shareholders first. Pre-emption rights give existing shareholders the right to buy shares before they are offered to outsiders.
• Leaver provisions: What happens to a shareholder's shares if they leave the business. Good leaver provisions typically allow a departing shareholder to receive fair value. Bad leaver provisions — for someone dismissed for cause or who breaches the agreement — often result in shares being bought at a much lower price.
• Drag-along and tag-along rights: Drag-along allows a majority to force minority shareholders to sell if a buyer for the whole company is found. Tag-along protects minority shareholders by giving them the right to sell their shares on the same terms if a majority sells.
• Non-compete and confidentiality: Restrictions on what departing shareholders can do after leaving the business.
• Dividends: Whether and how dividends are declared, and whether any minimum distribution is required.
• Deadlock: What happens if the shareholders cannot agree on an important decision — and the company cannot function as a result.

What Happens if You Trade Without One?

Without a shareholders agreement, your company is governed solely by its articles of association — usually the standard model articles from Companies House — and by company law. The model articles are entirely adequate for a company with a single director-shareholder, but they leave many important questions unanswered for a company with multiple shareholders.

Common problems that arise without a shareholders agreement include:

• A shareholder leaves or dies, and their shares pass to someone entirely unknown to the remaining shareholders — potentially a spouse, an estranged family member or even creditors in a bankruptcy
• One shareholder wants to exit but there is no agreed mechanism for valuing their shares or buying them out
• The shareholders deadlock on a major decision and the company cannot move forward
• A departing shareholder immediately sets up a competing business, taking clients and employees with them
• One shareholder believes they are entitled to a salary or dividend the others disagree with

Resolving any of these disputes without an agreement in place is expensive, time-consuming and often damaging to the business. An agreement negotiated in goodwill at the outset — before any dispute has arisen — is far preferable to trying to negotiate a solution once relationships have broken down.

When is the Best Time to Put One in Place?

The best time to put a shareholders agreement in place is when you start a business with other people, before any investment has been made, any significant value has been created, or any disputes have arisen. At that point everyone is optimistic, relationships are good and negotiating the agreement is a straightforward commercial conversation.

The second best time is right now, even if you have been trading for some time without one. Better late than never — and the cost of preparing a shareholders agreement is very small compared to the cost of a shareholder dispute.

How Business Shares Pass on Death

When a shareholder dies, what happens to their shares depends on a combination of: the company's articles of association, any shareholders agreement in place, and the deceased's will.

The critical point is that a shareholders agreement — particularly one containing pre-emption rights, compulsory transfer provisions or other restrictions on share transfers — can prevent or significantly limit the ability of a deceased shareholder's estate to pass shares to beneficiaries named in their will.

The shareholders agreement is a binding contract between the shareholders. It generally takes precedence over what a will says about shares in that company. A will cannot override a contract that the testator entered into during their lifetime.

Pre-Emption Rights and Death

Most well-drafted shareholders agreements include pre-emption rights on transfer. These give existing shareholders the first right to buy shares before they can be transferred to a third party. In many agreements, the death of a shareholder triggers these rights.

What this means in practice: if you die and leave your shares to your spouse in your will, but your shareholders agreement requires the shares to be offered to the other shareholders first, the other shareholders may have the right to purchase those shares at an agreed or independently determined price. Your spouse may receive cash instead of shares — not the business interest you intended to leave them.

In some agreements the provisions are even more restrictive — requiring shares to be transferred back to the company or to the remaining shareholders regardless of what the will says.

Leaver Provisions on Death

Some shareholders agreements treat death as a leaver event — meaning the deceased shareholder's shares are dealt with under the leaver provisions. Good leaver provisions generally allow the estate to receive fair market value. However the shares themselves must be transferred to the remaining shareholders or the company, not retained by the estate or passed to beneficiaries under the will.

The interaction between a shareholders agreement and a will must be considered carefully when preparing either document. They need to be consistent and work together — not pull in opposite directions.

Why Business Owners Need Both Documents

A shareholders agreement and a will serve different but complementary purposes for a business owner, and both are essential.

The shareholders agreement governs what happens to your shares within the company — who can buy them, at what price, and under what conditions. It protects the business and the remaining shareholders from having an unknown third party imposed on them as a shareholder.

Your will governs what happens to any proceeds from those shares — if the shareholders agreement requires a compulsory transfer, the cash received passes through your estate under your will to your chosen beneficiaries.

Your will also covers everything else you own — your personal assets, your home, your savings, your personal possessions — none of which are affected by the shareholders agreement.

The most important practical step is to review your shareholders agreement before making your will, and to ensure your will is drafted with that agreement in mind. We strongly recommend taking independent legal advice if you own business shares, and speaking to your accountant about the tax implications of your business succession arrangements.

Business Property Relief

If you own shares in a qualifying unlisted trading company, those shares may attract Business Property Relief for inheritance tax purposes — potentially at 100%. This is a significant tax benefit that applies under certain conditions and is subject to complex rules.

We do not provide tax advice and do not prepare Business Property Relief trusts. If Business Property Relief is relevant to your estate planning, you should seek specialist advice from a qualified accountant or tax advisor, and consider instructing a solicitor with expertise in business succession. We can refer you to our in-house financial advisor if helpful.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney — known as an LPA — is a legal document that allows you to appoint one or more people, called attorneys, to make decisions on your behalf if you ever lose the mental capacity to make those decisions yourself.

Your attorney could be a spouse, an adult child, a close friend or a professional. You choose who you trust. Without an LPA, even the people closest to you have no legal authority to manage your affairs if something happens to you.

The Two Types of LPA in England and Wales

1. Property and Financial Affairs LPA

This covers decisions about your money and property. Your attorney can manage your bank accounts, pay bills, collect benefits, manage investments and deal with property transactions on your behalf.

You can choose whether your attorney can act as soon as the LPA is registered — which allows them to help you with financial matters while you still have capacity — or only when you have lost capacity. Most people choose the latter as the more cautious approach, though either is valid depending on your circumstances.

2. Health and Welfare LPA

This covers decisions about your personal care and medical treatment. Your attorney can make decisions about where you live, your day-to-day care and routine, and your medical treatment. You can also choose to give your attorney authority to make decisions about life-sustaining treatment on your behalf — this is one of the most significant decisions in the document and entirely your personal choice.

A Health and Welfare LPA can only be used when you have lost mental capacity. Your attorney cannot use it while you are still able to make your own decisions.

Why You Need an LPA Regardless of Your Age

Many people assume LPAs are only for older people. This is a common and costly misconception. Mental capacity can be affected at any age — through an accident, a sudden illness, a stroke or any number of unexpected circumstances.

If you lost capacity tomorrow without an LPA in place, your family would face a very difficult situation. They would have no legal authority to access your bank accounts, pay your mortgage, manage your care or make decisions about your treatment — even if they are your spouse or your children.

The only alternative would be to apply to the Court of Protection for a deputyship order. This process is lengthy, expensive and stressful — often taking many months — and the court may appoint someone different from who you would have chosen.

What Happens Without an LPA

Without an LPA, if you lose mental capacity:

• Your bank may freeze your accounts even to your spouse
• Nobody can legally pay your bills or manage your finances without a court order
• Medical decisions may be made entirely by doctors without input from your family
• Your family must apply to the Court of Protection — a process that can take six months or longer and cost several thousand pounds
• The court may appoint a deputy you would not have chosen yourself

An LPA prepared now takes all of this uncertainty away. It is a relatively straightforward document to prepare — and the peace of mind it provides is invaluable.

Who Can Make an LPA?

To make an LPA in England and Wales you must be aged 18 or over and have mental capacity at the time of making it. This is why it is important to put one in place before any health concerns arise — once you have lost capacity it is too late to make an LPA.

The Certificate Provider

Every LPA must be signed in the presence of an independent certificate provider — a person who confirms that you understand what you are signing and are doing so freely and without pressure from anyone else.

Your certificate provider must be someone who either knows you well — such as a close friend or colleague you have known for at least two years — or a professional such as a GP, solicitor or registered social worker. They cannot be a family member, an attorney named in the LPA, or anyone connected to your attorneys.

Our LPA service includes a paralegal certificate provider as part of the package — we come to you for the signing, fulfil the certificate provider role and oversee the process. You do not need to arrange a separate certificate provider.

Registering Your LPA

An LPA has no legal effect until it has been registered with the Office of the Public Guardian. Your attorney cannot use it until the registered copy has been returned to you. Registration currently takes 8 to 20 weeks from submission. This is an OPG timescale outside anyone's control — which is why it is so important to make and register your LPA as early as possible rather than waiting until you need it.

The OPG charges a registration fee of £92 per LPA — £184 for both a Property and Financial and a Health and Welfare LPA. You may be eligible for a full exemption or 50% reduction depending on your income or benefits. We advise all our clients on eligibility as part of our service.

How Our LPA Service Works

Our complete LPA package covers everything from start to finish:

• You complete our detailed online order form
• We prepare your draft LPA documents within 48 hours and send them to you for approval
• Once you are happy with the drafts, we arrange a home visit for signing — our paralegal comes to you, acts as certificate provider and oversees the signing process
• We register your LPAs with the Office of the Public Guardian on your behalf
• When the registered documents come back from the OPG we post them directly to you

The OPG registration fee of £92 per LPA is payable separately and directly to the OPG — this is a government fee not included in our service charge.