Client guide · Wills
Preparing for Your Will Appointment
A practical guide to thinking about the people, wishes and arrangements that matter to you.
Thank you for choosing Elephant Legal.
Your appointment is an opportunity to talk through what you would like to happen in the future and how you want the people important to you to be supported.
You do not need to understand legal terminology or arrive with every decision already made. The meeting will help you consider your options, ask questions and begin putting clear arrangements in place.
People and responsibilities
Start with the people who matter
A will is not simply a list of possessions. It is a way of putting clear arrangements in place for the people, relationships and responsibilities that matter to you.
Begin With the People Important to You
A will is not simply a list of possessions. It is a way of creating clear arrangements for the people, relationships and causes that matter to you.
You may wish to think about:
- Your spouse, partner or former partner
- Children, stepchildren and grandchildren
- Other relatives
- Friends or people who have played an important part in your life
- Charities or community organisations
- Anyone who depends on you financially or practically
There is no single correct way to arrange a will. Your instructions should reflect your own relationships, responsibilities and wishes.
Who Would You Trust to Deal With Your Estate?
Your executors are the people responsible for dealing with your affairs after your death and making sure the instructions in your will are followed.
Consider people who are:
- Trustworthy and responsible
- Likely to deal calmly with practical matters
- Willing and able to take on the role
- Comfortable communicating with family members and organisations
You may appoint more than one executor and can also name replacement executors. You do not need to ask anyone formally before the meeting, but it may be helpful to think about who would be suitable.
Caring for Children Under 18
Where children are under 18, a will can record who you would wish to care for them if you and anyone else with parental responsibility were no longer able to do so.
When considering guardians, think about:
- The relationship they already have with your children
- Their values, circumstances and ability to provide care
- Where your children might live
- How contact with wider family could be maintained
- Whether the same people should manage money left for the children
These can be difficult decisions. You are not expected to resolve every detail alone, and the options can be discussed carefully during your appointment.
Your estate and your wishes
Think broadly about what you own and what you want to happen
You do not normally need a complete financial inventory before the appointment. A broad picture is usually enough to begin the conversation.
Think About What You Own
You do not usually need a complete financial inventory before your appointment. A broad understanding of your circumstances is normally enough to begin the conversation.
It may help to consider:
- Your home and any other property
- Savings and investments
- Business interests
- Valuable or sentimental possessions
- Life insurance or pension benefits
- Mortgages, loans and other significant debts
- Assets held jointly with another person
- Property or assets outside England and Wales
Some assets may pass outside your will. Identifying them helps us understand how your arrangements may work together.
Personal Gifts and Possessions
You may wish to leave a particular possession or sum of money to a named person or organisation.
This might include:
- Jewellery or family keepsakes
- Artwork, collections or personal belongings
- A specific amount of money
- A gift to a charity
- Items with particular emotional or family significance
You do not need to list every household possession. Many people prefer to include only gifts that are especially important to them and leave broader guidance separately in a Letter of Wishes.
Who Should Receive the Rest of Your Estate?
After debts, expenses and any particular gifts have been dealt with, the remaining estate is often called the residue.
It may help to think about:
- Who should receive it
- Whether it should be divided equally or in different shares
- What should happen if someone dies before you
- Whether children or younger beneficiaries should inherit at a particular age
- Whether alternative beneficiaries should be included
Your appointment will help turn your general intentions into clear and workable instructions.
Circumstances and preparation
Tell us about anything that may affect your arrangements
You do not need to decide whether something is legally important before mentioning it. If you think it could matter, it is worth discussing.
Family Circumstances That May Need Careful Thought
Please mention anything that may affect how your will should be prepared, even if you are unsure whether it is legally relevant.
This may include:
- Children from an earlier relationship
- A partner to whom you are not married or in a civil partnership
- Separation, divorce or plans to marry
- Someone who may expect to benefit but whom you do not intend to include
- A beneficiary who is vulnerable or needs additional support
- Difficult or changing family relationships
- Someone who receives means-tested benefits
- Property owned jointly with another person
- A business, farm or overseas asset
These circumstances do not necessarily make the process complicated. Knowing about them allows suitable options to be considered and helps reduce uncertainty for the people affected.
Preparing as a Couple
Couples often share similar wishes, but each person makes an individual will and must be free to give their own instructions.
Before the appointment, it may help to discuss:
- What should happen when the first person dies
- What should happen after both of you have died
- How children from current or previous relationships should be treated
- Who should act as executors
- What should happen if you die at the same time or close together
You do not need to agree on every detail beforehand. Any differences or uncertainties can be explored calmly during the meeting.
Information That May Be Helpful
Where available, please have the following details to hand:
- Full names of the people you may wish to include
- Their relationship to you
- Addresses for proposed executors, guardians and beneficiaries
- Details of any existing will
- A general outline of your property and financial circumstances
- Information about jointly owned property
- Details of any business or overseas assets
- Notes of any particular wishes or questions
Do not delay the meeting because information is missing. Details can usually be confirmed afterwards.
Before your appointment
You Do Not Need to Have Everything Decided
Many people begin their appointment knowing that they want to protect the people important to them but feeling uncertain about the precise arrangements. That is completely normal.
The meeting is designed to help you:
- Understand the available choices
- Consider how different arrangements may affect your loved ones
- Identify anything requiring further thought
- Make decisions at a comfortable pace
- Put clear instructions in place without unnecessary pressure
You will have time to explain your circumstances, ask questions and consider the arrangements that feel right for you.
Ongoing support
Complimentary Five-Year Review
Once your will has been completed, Elephant Legal will keep a record of when it was prepared. As part of our ongoing commitment to helping clients keep their arrangements up to date, you will be entitled to a complimentary review of your will every five years.
The purpose of the review is to consider whether your will still reflects your current circumstances, relationships, wishes and family situation. If your circumstances change before the five-year review is due, you should consider reviewing your will sooner.
The review itself is provided without charge. If changes are required and a new will or additional work is needed, the available options and any costs will be explained before work is carried out.
Questions Before Your Appointment?
If you have any questions before your meeting, or are unsure what information to bring, please feel free to get in touch. There is no need to prepare formal notes or use legal terminology. A simple list of the people, wishes and concerns you would like to discuss is enough.