Will Writing Solicitors — Fixed Fees, Properly Drafted

A will is a short document that does a great deal of work. It decides who inherits, who raises your children, who administers everything, and — done well — reduces the chance of your family falling out afterwards.

We draft wills for clients across Maidenhead, Windsor, Slough, Reading and the surrounding area, at a fixed fee agreed before we start.

What happens if you do not make one

Around half of UK adults have no will. If you die without one, the intestacy rules under the Administration of Estates Act 1925 decide who gets what. They take no account of your circumstances, your intentions, or anything you have said to your family.

Married, with children

For many families this is workable. For others it forces a sale of the family home to release the children's share.

Married, no children

Your spouse inherits the whole estate. This is the one situation where intestacy usually produces the expected result.

Unmarried couples

Your partner receives nothing. Not a share, not the house, not a right to remain in it if it was in your sole name.

There is no common-law marriage in English law, and no length of relationship changes this. Your partner may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but that is litigation — expensive, slow, uncertain, and beginning weeks after a bereavement.

If you are unmarried and living together, this is the single most important reason to make a will.

Blended families

Stepchildren inherit nothing under intestacy unless they were legally adopted. A child you raised from the age of three, who calls you Dad, receives nothing.

No surviving family

The estate passes to increasingly distant relatives, and ultimately to the Crown as bona vacantia.

What your will covers

Who inherits, and what. Specific gifts of particular items or sums, and the residue — everything left over — divided as you choose.

Substitute beneficiaries. What happens if someone named dies before you. Often overlooked, and a frequent source of problems.

Executors. The people who carry out your wishes. It is a real job with real legal duties, so choose people who are willing, organised, and likely to outlive you. Two is sensible. They can also be beneficiaries.

Guardians for children under 18. If you have young children this is arguably the most important clause in the document. Without it, the court decides.

Trusts, where appropriate. To hold assets for children until an age you choose, to protect a vulnerable beneficiary, or to let a spouse live in a property while preserving the capital for your children.

Funeral wishes. Not legally binding, but a genuine kindness to whoever is arranging it.

Digital assets. Online accounts, photographs, cryptocurrency. Increasingly relevant and often forgotten.

Types of will we prepare

Single will

One person, one will. Suitable where affairs are straightforward.

Mirror wills

Two substantially identical wills, usually for a couple, each leaving everything to the other and then to the same beneficiaries. The most common arrangement for married couples with shared children.

Worth understanding: mirror wills are not binding on the survivor. After the first death, the survivor can change their will entirely. If that concerns you — commonly in second marriages — say so, and we will discuss options such as a life interest trust.

Wills with a trust

Useful where you want a spouse to benefit during their lifetime while guaranteeing that capital ultimately reaches your children, where a beneficiary is vulnerable or receives means-tested benefits, or where you want to control the age at which children inherit outright.

Complex estates

Business interests, agricultural property, assets abroad, or estates likely to face significant inheritance tax. These need more time and we price them individually.

Getting it legally right

Under section 9 of the Wills Act 1837, a will must be:

• in writing
• signed by you, or by someone else in your presence and at your direction
• signed with the intention of giving effect to the will
• signed or acknowledged in the presence of two witnesses, both present at the same time
• signed by each witness in your presence

Two points catch people out constantly.

Witnesses must not be beneficiaries — nor married to or in a civil partnership with a beneficiary. Under section 15 of the Wills Act, a gift to an attesting witness or their spouse is void. The will remains valid; the gift simply fails. We have seen substantial legacies lost this way.

You must have testamentary capacity. The test comes from Banks v Goodfellow (1870): you must understand that you are making a will and its effects, have a broad understanding of what you own, appreciate who might reasonably expect to benefit, and not be affected by a disorder of the mind that distorts your judgment. Where capacity might later be questioned — through age or illness — we take additional steps at the time, including a medical opinion where appropriate. It is far easier to establish capacity while someone is alive than to defend it afterwards.

Home-made and online wills

We are not going to pretend every will needs a solicitor. But it is worth being honest about where DIY goes wrong, because these are the cases that come back to us as disputes.

Improper execution. Witnessed by one person, or by a beneficiary, or signed in the wrong order.

Ambiguous wording. "My house to my children" — which house, if you move? Which children, if there are stepchildren?

Nothing for the unexpected. No substitute beneficiary, so a gift fails when someone dies first.

Missed tax planning. Template wills do not consider the residence nil rate band or how assets are held.

Assets that pass outside the will. Jointly owned property passing by survivorship, and pension death benefits paid at the trustees' discretion, are not governed by your will at all. A template will not tell you that.

No storage. A will nobody can find has no effect.

The cost of a professionally drafted will is a fraction of the cost of contested probate.

The process

1. Initial conversation. By phone, video or in person. We establish what you have, who matters to you, and what you want to achieve.

2. Advice. We explain the options and flag anything you may not have considered — tax, second marriages, business assets, care fees.

3. Draft. Usually within 5–10 working days. You read it at your own pace and ask questions.

4. Amendments. Included in the fixed fee.

5. Signing. At our office with two independent witnesses provided, or at your home if you cannot travel.

6. Storage. We store the original securely and give you a copy, with instructions telling your executors where it is.

Fees

Fixed fee agreed in advance. Amendments before signing are included.

Frequently asked questions

How much does a will cost? A single straightforward will costs Fixed Fee — please contact us for a quote including VAT, and mirror wills for a couple Fixed Fee — please contact us for a quote. Wills involving trusts or complex estates cost more, and we will quote before starting. You will not receive a bill you have not agreed.

How long does it take? Typically two to three weeks from first appointment to signing, depending largely on how quickly you review the draft. We can work faster where there is a reason to — illness, or travel plans.

Can I write my own will? Yes. Whether you should depends on your circumstances. If you are unmarried, have children from a previous relationship, own a business, own property abroad, or have an estate approaching the inheritance tax threshold, the risk of DIY substantially outweighs the saving.

Who should I appoint as executor? Someone organised, trustworthy, and likely to outlive you. Two is sensible so there is a backup. They can be beneficiaries — that is normal and not a conflict. Consider whether they have the time and confidence; being an executor carries personal liability.

What if I want to change my will? Minor changes can be made by codicil. More substantial changes are better handled by a new will, which avoids confusion. Review yours after any major life event.

Does marriage affect my will? Yes. Marriage or civil partnership automatically revokes an existing will unless it was expressly made in contemplation of that marriage. If you are getting married, make a new will or tell us so we can draft accordingly.

What about divorce? Divorce does not revoke your will, but your former spouse is treated as having predeceased you. This can leave gaps — if they were your sole beneficiary and executor, the will may no longer work as intended. Review it.

Can I leave someone out? Generally yes, subject to potential claims under the Inheritance (Provision for Family and Dependants) Act 1975 by spouses, former spouses, children, cohabitants and dependants. Where you intend to exclude someone likely to claim, tell us — there are steps that materially strengthen your position.

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