will writing service or solicitor

How To Write A Will Without A Lawyer

Updated: Jul 25, 2024, 7:22am

Table of Contents

Four ways to write a will, how to write your own will, frequently asked questions (faqs).

Writing a will can be uncomfortable, requiring you to reflect closely and clinically upon your own mortality and the value of your possessions after you’re gone. Once it’s complete, though, a will is one of the most important documents you will ever create. Wills ensure your last wishes are respected in your absence. But how do you write a will? While the obvious—and most expensive—option is to visit an attorney, there are other options available. Here’s what you need to know.

There are several options to write a will. We’ll take a close look at each so you can decide what works best for you:

Use an Online Paid Service

Similar to companies that provide LLC or registered agent services, there’s no shortage of online will service providers on the market. Online paid services usually advertise as Estate or Trust Planning. Writing a will is typically only one of myriad services provided by companies like these, which may mean these outfits present a good choice for those looking to create powers of attorney, trusts, or other estate planning documents.We advise only using a company like this if its work will be well-reviewed by professional attorneys to ensure documents will pass legal muster. Be sure to read customer reviews before making a commitment. Depending on the company and services desired, fees can range from a flat fee to a monthly subscription to entirely free use of online templates. Any extra perks offered—like outside legal support, mailing of documents or the easy ability to make future changes—can vary greatly between companies. Some may also require you to download additional software in order to write your will.

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Use an In-Person Paid Service (Lawyer or Attorney)

Hiring a lawyer or attorney to write your will is the traditional route most people follow, and for good reason: having a professional closely assist in your process can offer a level of reassurance you’re unlikely to find elsewhere. In-person services are expensive and time-consuming compared to other options. Depending on where you live, finding a professional you trust can be difficult. It is, however, a good idea to consult a lawyer if you have a large estate, complexities such as property in multiple states, or questions about Medicaid planning or trusts.

Purchase a DIY Template or Kit

You can order a DIY Will Kit over the internet, and even find them on the shelf in some brick-and-mortar stores. These kits come with all the guides, templates and examples you need to write and legally validate your own will. You can find kits matching your country of citizenship to simplify the process regardless of location.

The prices of kits are comparable to or cheaper than using an online paid service, but these kits typically offer only generic wills (e.g., simple wills ), so if you know your estate planning is complex or you have plentiful assets, you should consider a paid service to offer you direct support.

Write Your Own

Writing a will might sound daunting, but if you have a straightforward estate, it’s surprisingly easy. You should have some familiarity with legal language before attempting to write a will. If you use a DIY kit or template, much of this will have already been done for you. If you choose to write it entirely yourself, brush up on any legal requirements of your state and country before you do anything else. Each state and country may have different laws surrounding wills and estates and your document more than likely must meet these standards before it is considered valid.

Handwritten wills are known as “ holographic wills .” Holographic wills are not accepted in every state and can easily be ruled invalid by the court. Because of this, we do not recommend handwriting the final draft of your own will.

With some careful planning and preparation, it’s entirely possible to write your own will. Below is a list of the essential information you will need to include in your will.

(Please note that this list assumes you have a simple and straightforward estate and consequently want to write a simple will. If you have a complex or large estate involving many moving parts, this guide may not be useful to you. Consider instead the benefits of hiring an estate attorney.)

Essential Information

• Write a title. It’s easy to overlook such a simple detail, but it needs to be clear to anyone who picks up this document that it’s your last will and testament . Make sure you include your full legal name somewhere near the beginning of your will. If you have made previous versions of your will, be sure to also mention that your most current document invalidates any previous ones. Include any other names you’ve used.
• Name the executor of your will. This is the person responsible for making sure your estate is distributed and settled according to your will. Choose someone you trust. You may also want to choose a back-up executor to be safe.
• Name a guardian for any minors. If you have children or are the guardian of any minors, name a guardian. This person takes full legal and physical custody of your children after your death. Guardianship typically passes automatically to any surviving parent as long as the parent can be deemed competent.
• Organize and inventory assets. Assets are any possessions clearly belonging to you or that are titled in your name. Personal belongings, pets, property and cash are all considered your assets. Take the time to clearly describe each asset such that when the executor is transferring the asset to its named beneficiary there is no question about its identity. Be sure to check with your state about which assets you cannot include. Trusts or investment accounts, for example, are often not considered part of your simple assets and pass directly to the beneficiaries you have named on those accounts..
• Name the beneficiaries. For each asset, name a beneficiary—the person, profit or non-profit organization or other entity to receive your asset(s) once you pass. You can choose one or many. If there is anyone who should not receive the asset in question, be sure to name them as well.
• Write your residuary clause. A residuary clause covers everything not left to a specific beneficiary and either not adequately described or anything forgotten when you wrote the assets section of the will. You can choose to leave these “remainders” to a beneficiary or leave it to your executor to handle. Don’t overlook the importance of this clause; it’s unlikely you’ll remember everything you own, especially if this is your first pass at a will. Having a residuary clause is a decent enough fail-safe to let you sleep at night.
• Sign your will with witnesses. Check with your state requirements before signing, as different states have varying requirements regarding the number and identity of witnesses. Some states may also require you have your will notarized. No will is legally valid until it has been signed before witnesses.
• Store your will someplace safe and update it when necessary. Let somebody—usually your executor—know where to find the most recent copy of your will. Be sure to revisit and update it whenever you experience a big life change: moving (especially because your will may not meet the laws in your new state or country), a large purchase or property investment, a marriage, divorce or death and even your children reaching adult age are all occasions to review your will.

It may also be a good idea to set aside a regular time, perhaps every other year or so, where you review your will even if no big changes have happened in your life. You may be surprised at what assets you consider important enough to describe two years in the future. Likewise, your opinions on beneficiaries and desires regarding asset division may change. At the least, it is a good way to continue thinking about the future.

Forbes Advisor Small Business Managing Editor Rob Watts and contributor Chauncey Crail contributed to this article.

Can I write a will by myself?

Yes, you can write your will by yourself. Make sure you fully understand the language and legal validity requirements of your state or locale. Refer specific questions to an estate attorney. As long as you follow these guidelines, you can easily write your will from scratch or with the help of a DIY kit or template.

Can I write a will for free?

Yes. It is possible to write your will for free. You can choose to write your will from scratch or you can find a free, reputable online service to help you. Some DIY will kits and templates may also be free and available online for no-cost download.

What are the differences between a will and a living trust?

A will is the final division of your assets to whomever you designate after you have passed away. Although these usually have everything specified in them, there are sometimes legal issues, such as contests of the will by family members, that can drag the process through the probate court system and it may be several months or years before your assets are finally distributed,

A living trust makes it possible for you to transfer property and assets to your chosen beneficiaries without going through the probate process, saving your loved ones money and time. This also keeps your estate out of the public record. If your will is probated, it becomes part of the public record.

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Choosing Between a Will Writing Service or a Solicitor: Making the Right Decision

Creating a will is a necessary step in ensuring that your assets and estate are distributed according to your wishes after your passing. When it comes to drafting a will, you have two main options: using a will writing service or seeking the assistance of a solicitor. Both approaches have their merits and drawbacks, so it's essential to weigh the pros and cons before making a decision. In this blog, we'll explore the advantages and disadvantages of each option, helping you make an informed choice that aligns with your specific needs.

Using a Will Writing Service

Will writing services have gained popularity in recent years due to their convenience and cost-effectiveness. Here are some key points to consider:

If your estate is relatively straightforward, with minimal complexities or disputes, a will writing service will be sufficient. Even if your estate if more complex the right will writing service would suffice provided they have adequate training and keep abreast of changes in law by maintaining a high standard of CPD. They can help you create a simple or a complex will without the need for expensive advice.

Seeking Assistance from a Solicitor

Engaging a solicitor for your will-related matters is generally expected to offer a high level of legal expertise. Consider the following points:

Not all Will Writing Services are proper, so you do need to look at who you're instructing to undertake the work. If they are not part of The Society of Will Writers, if they don't have proper insurance, and if they do not have an adequate CPD record, it's likely you are not dealing with a proper company. By working with a solicitor, you are told to expect to benefit from their professional oversight, minimising the risk of errors or omissions that could compromise the validity or execution of your will. However, even qualified solicitors have made costly errors, so it's important to do your research.

Deciding whether to use a will writing service or a solicitor ultimately depends

on the complexity of your estate, your specific needs, and your budget. Will writing services provide an affordable and convenient option often offering the same quality of knowledge as a solicitor, while solicitors are expected to offer a higher level of legal expertise. It's crucial to consider the advantages and disadvantages outlined above and choose the option that aligns best with your requirements. Remember, consulting with a legal professional is always advisable to ensure your wishes are properly documented and legally binding.

If you’re looking to write your will or lasting power of attorney book an appointment with Joshua Young. I am A Will Writer covering Farnborough, Basingstoke, Camberley, Aldershot and the surrounding areas.

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Using a “Will Writer” or a Solicitor – which is best?

• June 30, 2013

Does it matter if your will writer is a solicitor or not?

Nobody likes thinking about what will happen when they’re gone, and writing a will is a task that is often put off until another day. The prospect of allocating your estate to loved ones is often perceived to be a difficult one, and so it is no surprise that professional will writing companies have sprung up across the country, offering to help you arrange your estate for a fee. Up to 180,000 people every year use these unregulated will writing services. Some of these companies do offer value for money, but the major problem is that they are unregulated. This has meant that companies who are unscrupulous have sprung up, charging high fees for what can be done for a reasonable price by a solicitor. Even if these companies have honest intentions, they are often not qualified solicitors and are certainly not regulated. In England and Wales, anybody can set up as a will writer, and so these companies are legal.

Some of the horror stories about these unscrupulous will writing companies are unbelievable. Some wills are badly drafted, with errors in them; some companies have even put pressure on customers to name them as executors of the will; there have been instances of customers going to complete a will, but being pushed into buying other products as a result of a hard sell by the person that they’ve dealt with; some companies have written wills, only for them to disappear and take the will with them; and the price being much higher than the original quote, in one instance a £35 quotation turned into a £3000 bill! One family, whose parents had used a will writing service, saw the will declared invalid because it had been drawn up incorrectly by an incompetent will writer.

The figures speak for themselves. In 2006, the Law Society conducted a national survey of 443 members who specialised in wills and probates: the results were that sixty per cent of people asked believed that will writing companies were growing in numbers, and seventy per cent said that some of their clients had reported having problems with will writers. The legal ombudsmen investigated almost 400 cases of will writing in 2010, thirteen per cent of all the cases that were referred to the ombudsmen in that year.

Using a solicitor is a much safer option: they are regulated by the Solicitors’ Regulation Authority, and so are more accountable. Solicitors, by the fact that they are regulated, are also insured to write wills so if something should go wrong, it is easily rectified, whereas using a private company does not offer the same cover. This means that families and friends have often been left picking up the pieces when things have gone wrong: there is no protection. Solicitors are also trained properly, and so can write the will professionally and correctly. Using a company like Leaders for Law means that your estate will be properly protected, and your wishes will be seen through. Some people think that using a solicitor as a will writer might be more expensive, but this is not necessarily the case. You can be guaranteed that the cost that you are quoted will be the one that you pay, and also you can be reassured that your estate will be distributed in the way that you would want.

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How to Write a Will: 7-Step Guide

You can write a will yourself, with estate planning software or by consulting an estate planning attorney.

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In some states, you can write a valid will yourself on a piece of paper [0] Cornell Law School . Holographic will . View all sources . However, if you have kids, property or assets, you’re probably better off using estate-planning software or working with an attorney .

Depending on your assets and family situation, there are several factors to consider when drafting a will. This essential estate planning step can spark conversations about the possessions you value and the legacy you want to leave, so it’s important to take the time to walk through the process.

1. Account for all possessions

Everything you own, from physical property to financial accounts, is part of your estate. Assets you’ll include in your will include real estate, vehicles, valuables and other personal property.

However, wills don’t include any assets that are held jointly with another party or accounts that have a named beneficiary such as a retirement or life insurance account.

Even if you intend to leave your entire estate to a single heir , creating a comprehensive inventory is important to ensure that none of your assets end up in the wrong place, such as an old workplace retirement account that lists your ex-spouse as the beneficiary.

» Mores: Estate-planning checklist

2. Determine distribution

It can be helpful to separate bequests into categories to first take care of your beneficiaries’ needs, then consider sentimental gifts.

Start with larger assets such as property and accounts. If you want to explain your choices — leaving less to one child because you supported them financially for longer, for example — write a separate letter to your beneficiaries so you can keep the language in your will clear and precise.

Talk with family and friends to learn who would most appreciate certain belongings and record which items should go to whom. 

Double-check the beneficiaries listed on your bank accounts, life insurance policies and retirement plans. Beneficiary designations override the wishes outlined in your will, so make sure your designations are aligned.

3. Think about your children

If you have minor children, you will need to decide who will take care of them once you're gone. This means naming a guardian in your will in the event that both you and the other parent are not able to care for them. If you don't appoint a guardian, your state court will have to appoint one without your input [0] Cornell Law School . Guardianship . View all sources .

4. Name an executor

An executor ensures that the directions in your will are carried out after your death. You can choose a family member to be your executor, but if you’re concerned about their ability to handle your estate during a difficult time, you can name your lawyer or an institution such as your bank.

» How does your executor distribute your estate? Learn about the probate process

5. Factor in fees

If your executor is an institution or an attorney, they’ll likely charge a fee to handle your estate. If you select a friend or family member, you'll need to decide whether or not to pay that person for their services. Executor fees are paid out of your estate.

6. Make your will official

In most states, you’ll need to sign your will in front of at least two witnesses [0] Cornell Law School . Wills: attestation requirement . View all sources . In Colorado and North Dakota, you can have your will notarized instead of witnessed. Louisiana requires wills to be both notarized and witnessed [0] Louisiana State Legislature . Requirements of form . View all sources .

Store a hard copy of your will in a safe place, which could be a fireproof safe in your home or office or a bank-safe deposit box. Be sure to back up the digital version, too. Let your spouse, executor or a trusted friend know where your will can be found.

7. Update as needed

As your life and your heirs’ lives change, you may want to change your will. Did you sell an asset you had planned to leave to a child? Decide what you'll bequeath instead. Did a potential heir die before you? Choose a new recipient for the items you planned to leave to them.

Don't put off such updates; the court and your executor can't confirm your intentions unless you’ve put them down on paper.

Some online will makers offer free updates, though some require an ongoing membership to make changes ranging from $19 annually to $39 monthly. An estate planning attorney may charge a $100 to $500 fee to update a will.

Ways to write a will

Online will-writing software.

Price: Free to $89 and up.

Who it’s best for: People with smaller estates or relatively uncomplicated financial situations and those looking to avoid legal expenses.

An online will maker is an inexpensive way to navigate the will-writing process. While it’s not a good solution for those with large or complicated estates, it’s an excellent starting point for people looking for a simple way to do basic estate planning.

» MORE: The pros and cons of handwriting a will

Estate planning lawyers

Price: $300 to $1,000 and up flat fee or $200 and up hourly.

Who it’s best for: People with large or complicated estates, or those who want to use more advanced estate planning techniques to minimize estate taxes or bypass probate , the legal process for distributing a deceased person’s assets.

Estate planning attorneys can work with you to create a comprehensive estate plan including a will, trust and advance directives . They’ll ensure your documents are legally binding in your state and can help you navigate complex assets or family circumstances.

» What works best for you? Know the differences between wills and trusts

On a similar note...

Compare online will makers

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What is a trust definition, account types and benefits, estate planning checklist: a 7-step guide to getting your affairs in order.

Making a will

Why you need a will.

It’s important to make sure that after you die, your assets and possessions (known as your estate) will go to the people and organisations (known as your beneficiaries) you choose, such as family members and charities you want to support.

Your estate includes your personal possessions, as well as assets such as:

• property (in the UK or overseas)
• savings and investments
• insurance funds
• pension funds

If you die without a valid will, it could be difficult for your family to sort out your affairs. Your estate will be shared out according to the rules of intestacy .

Under the intestacy rules, only married partners, civil partners and certain close relatives can inherit your estate.

If you and your partner are not married or in a civil partnership, your partner won't have the right to inherit – even if you’re living together .

It’s important to make a will if you:

• own property or a business
• have children
• have savings, investments or insurance policies

How to make a will

Start by making a list of the assets you want to include in your will. Then decide how you want them shared among your beneficiaries.

If you want to leave a donation to a charity, you must include the charity’s full name, address and its registered charity number.

You’ll also need to consider:

• what happens if any of your beneficiaries die before you
• who should carry out the wishes in your will (your executors)
• what arrangements to make if you have children – such as naming a legal guardian or providing a trust for them
• any other wishes you have – for example, the type of funeral you want

A solicitor can give you advice about any of these issues.

Using a solicitor

You can make your will yourself, but you should only consider this if your will is straightforward. If you do make your own will, you should still get a solicitor to check it over.

Making a will without using a solicitor can result in mistakes or something not being clear, especially if you have several beneficiaries or your finances are complicated.

Your executor will have to sort out any mistakes and might have to pay legal costs. This will reduce the amount of money in your estate.

Mistakes in your will could even make it invalid.

A solicitor will charge a fee for making a will, but they will explain the costs at the start.

It’s important to use a solicitor when:

• you share a property with someone who is not your wife, husband or civil partner
• you have a dependent, such as a child, who cannot care for themselves
• several family members may make a claim on the will
• you own property overseas or a business
• your permanent home is not in the UK

Finding a solicitor

Visit our Find a Solicitor website and use the quick search option "Wills and probate" to find your nearest solicitor.

Choosing a law firm that’s a member of our Wills and Inheritance Quality Scheme  means your solicitor will meet our high standards for wills and probate services. You’ll be using a specialist legal professional who is regulated and insured, unlike most other will-writing services.

Information you’ll need to give your solicitor

To draw up your will, your solicitor will need to know:

• all the assets you want included in your will, such as property, vehicles, savings and investments
• details of who should have these assets after you die
• any other wishes – such as the type of funeral you want
• details of any children and family members, including children who are not biologically yours – such as step-children or adopted children

Executors are people named in your will who will carry out your wishes after you die. They can be family or friends, but you should ask them first if they’re willing to take on this role as it involves a lot of responsibility.

An executor can also be a professional person, such as your solicitor. If you use a solicitor for this service, you’ll have to pay a fee.

Most people have two executors, but you can have up to four. You should at least have a second executor in case your main one is unable to act on your behalf.

Read more about what an executor does

After you've made your will

Make sure it’s valid.

Your will is only valid if two witnesses watch you sign it. They must also sign the will but do not need to read it.

Your witnesses must:

• not be your beneficiaries
• not be your beneficiaries’ spouses or civil partners

Keep it safe

Make sure your executors know where your will is kept. They must have access to it without needing to apply for legal permission.

Do not store your will in a bank safety deposit box. The bank will not be able to open it until the executor gets legal permission, which won’t be granted without your will.

You can leave your will with a solicitor (they’ll give you a copy). There’s no charge for this service if you leave it with the solicitor who drew up your will.

You can also store it with the government’s Probate Service .

Keep it up to date

You should review your will every five years to make sure it’s up to date.

This is especially important if your circumstances change – for example, if you:

• get married or enter a civil partnership – this will automatically cancel any existing will
• buy a new property or an expensive asset such as a new car
• divorce or separate from your partner

Your guide to making a will (PDF 609 KB) (email [email protected] for other formats and languages)

The rules of intestacy on the Citizens Advice website

Storing a will with the Probate Service

Find a solicitor

While we have made every effort to provide accurate information, the law is always changing and affects each person differently. This information is no substitute for specific advice about you personally and we will not be liable to you if you rely on this information.

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Solicitor or Will Writing Service, What’s the Best Option?

If you have particular ideas about who you would like to benefit from your estate when you die, then you need to make a will. Conversely, if there are certain individuals who you would prefer not to benefit from your estate, then again, the only way to safeguard your wishes is to make a will. The question is though, do you use a solicitor or will writing service? Read on as we compare the two so that you can be clear on the differences.

What is the difference between a will writer and a solicitor?

There are various differences to bear in mind when considering whether to use a will writer or solicitor. Let’s explore them.

Solicitors are regulated, will writers are not

Will writers do not operate in a regulated environment, whereas solicitors are regulated by the Solicitors Regulation Authority (SRA). This means that you have the protection of a governing body that ensures its members follow its strict Code of Conduct and standards and regulations.

If an issue were to arise regarding the validity of your will; if it was successfully contested or failed to achieve the goals you were informed it would, then you would have recourse through the regulator. This would include the ability to apply to its compensation fund if you lost money as a result of a solicitor’s dishonesty.

If you choose to use a will writer rather than a solicitor, it is vital that you check that they belong to The Society of Will Writers or the Institute of Professional Will Writers , and that they hold a minimum of £2 million professional indemnity insurance. This way, if things go wrong, you will have a better chance of being able to claim compensation. Solicitors are required by law to have adequate professional indemnity insurance.

Which is cheaper, will writer or solicitor?

Will writers generally charge less than solicitors to make a will. But beware, as will writers are rarely fully legally qualified. If they are members of a recognised trade body, then you will at least be reassured that they have been trained in wills and estate planning. However, this will not always be the case.

Solicitors go through many years of studying and training, and are legally qualified. This is what you are paying for. They will have a broad scope of knowledge, not just around wills, but in terms of estate planning , Inheritance Tax mitigation , Lasting Powers of Attorney and setting up trusts . As such, they take time to understand your individual circumstances and wishes, so they are able to guide you on a wider basis, meaning you are more likely to achieve the goals that are important to you.

What’s more, solicitors are required to undertake regular training by way of Continuing Professional Development (CPD) to ensure they are up to date with current regulation. There is no such requirement for will writers.

How will you store your will?

It is essential that once you have made your will, it is stored somewhere safe and secure, and that your family or executors are aware of where they can find it. Many solicitors will safely store your will free of charge or for a small fee. If anything were to happen to the solicitor, all the wills and other documents under their safekeeping would pass to the Solicitors Regulation Authority.

Whilst some will writers do offer storage solutions, they will not have the backing of the SRA should a will be lost, damaged or they cease trading.

Ready to make a will with a qualified solicitor? Talk to Partridge Muir & Warren.

If you would prefer the peace of mind that comes with making a will with a solicitor rather than a will writer, PMW looks forward to being of assistance.

As members of the Society of Trust and Estate Practitioners (STEP), a global professional body comprising solicitors, financial advisers, accountants and other experts dedicated to helping families plan for their futures, you will enjoy complete reassurance of the highest standards and competence levels.

We offer a personalised, trusted  will writing  service across Surrey. If you are ready to make a will, our expert team is ready to guide you through the process, step by step.

To learn more about how we can help, you are welcome to  get in touch .

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Will Writing Services

Will writing.

Anyone who owns anything should write a Will, but it is often difficult to know where to start and how to do it. Having a valid Will in place gives you the certainty that your wishes are accurately recorded to be followed after you die. 

Without a valid Will, Intestacy Rules will be applied and decide who gets what based solely on blood relationships, whether or not you are close to or even know these relatives. By thinking about it and writing a Will you make sure those you want to inherit do inherit, whether related to you or not. By keeping your Will under regular review you make sure it still reflects your wishes, should your individual circumstances change or people die who are named in the Will.

Benefits of Having a Will

When you leave a current and valid Will that reflects your wishes, you know that those you really want to have something of yours when you die will get it. 

There are many reasons to make a will, including:

– To make probate easier

– To avoid your assets being distributed in accordance with the Intestacy rules which means that a husband, wife or civil partner, or children will inherit

– To nominate your preferred guardians of your children to avoid disagreements or family upsets

–  To take advantage of tax-saving strategies

You get to decide who sorts things out when you die by choosing suitable, willing and able people as executors . They are guided as to what they can and cannot do by your Will . You can also give them guidance as to what you want to happen at your funeral and whether you want a burial or cremation.

If you have children, you also choose who are guardians of those children if you die while they are still under 18.

You can give different gifts of money or possessions to exactly the individuals you want, whether or not they are related to you.

Do you still need probate with a valid will?

Often people think that having a Will means Probate is not needed, but this is not necessarily the case . However, it does make the position much clearer and easier.

Having a valid and current Will means that you and those you love and care about have peace of mind for when you die. Making it while you are still healthy and hopefully well in advance of dying gives you much more time to consider what to include without feeling pressured and overly emotional about it.

Do you need a Solicitor to make a Will?

No one needs to use a solicitor to make a Will but clarity of language is needed to make sure there is no ambiguity. A solicitor will make sure the Will properly reflects your wishes and is drafted specifically for what you want rather than simply a standard document. They will also make sure it is correctly signed and witnessed so it is valid and can be relied upon when you die.

If there is any ambiguity in the language used in a WIll, then this may lead to disputes over the inheritance which in turn can lead to costly, time-consuming and emotionally draining legal action. Frequently what seems totally clear to the person making the Will, is not clear to the executor or the courts interpreting its meaning.

Language needs to be precise and is not necessarily given the everyday and ordinary meaning which might have been intended.

Unfortunately, if there are any questions about the interpretation you won’t be around to explain what you meant! Often a dispute will use up most, if not all, of the deceased’s funds.          

The costs of trying to interpret an unclear Will cannot be overstated. However, by using a qualified professional you will be making sure that proper and careful notes will be made of your instructions and intentions: should there be a later challenge the solicitor is the one at fault and the one who is insured.

Options for Writing a Will

Anyone can write their own Will or a Will for someone else, you can use a solicitor or you can use Will Writing services.       

Will writing services are not necessarily fully trained individuals with any legal qualifications, nor are they required to carry the insurance or provide the continuity of services required by solicitors. They do not have to undergo thorough training or have the legal knowledge that a solicitor has. 

They can set themselves up one day and disappear further down the line and may not even be around if and when the Will is challenged. It is often a false economy to choose the apparently cheaper option. From experience, they also often produce documents that really don’t meet the needs of the individuals. Rather they are often salespeople who “sell” additional services that may neither be needed nor even appropriate. It can be a false economy at the very least, and a costly decision at worst.

Pros and Cons of Using a Solicitor versus Will writing services         

It is always better to pay a fair price and use a solicitor to prepare your Will as this gives real peace of mind and protection rather than false peace of mind. Whilst in the short time this might cost a little more, this may not actually be the case. Also, in the long term using a solicitor will afford greater protection and should save money.

The solicitor will check important issues, such as the capacity to make a Will should the person be elderly or sick, make sure the Will gives away everything and prevents an Intestacy situation from potentially arising, check it is properly signed and witnessed and make sure the Will properly reflects and records the wishes of the person making it. The solicitor should keep accurate records to back up what was instructed at the time of making the Will which can be used should the Will be challenged later down the line.

A solicitor will take care in taking detailed instructions and explaining the document to you before asking you to sign anything. By using a solicitor rather than a Will writing company you are likely to get a much better, more robust and appropriate document for your money. You really are buying that peace of mind and certainty for yourself as well as those you love and care about.

Pro: Greater protection.

Con: Greater cost.

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• Wills, Trusts & Estates

Will Writing Services

A Will is a legal document that lets you decide what happens to your money, property, and possessions (your ‘estate’) after your death. It allows you to clearly set out your wishes and decide who’s responsible (executor) for dealing with your estate. It also sets out any procedures the executor may need to follow. With effective planning, a Will can also make sure that your loved ones are provided for in the most tax-efficient way.

If you don’t make a Will, the law will divide your estate according to what’s known as the rules of intestacy. These rules are very fixed and may not reflect what you’d like to happen to your wealth, or what’s most tax efficient.

More information about Wills can be found in our Wills Guide . You can also choose one of the options listed:

• Making A Will
• Our Online and Postal Will Service
• Our Bespoke Will Service
• Reviewing And/Or Changing Your Existing Will
• Accessing Your Documents
• Contesting Or Defending A Will
• Choosing Or Being Named As An Executor

Making a Will

Our friendly team of experts can help you prepare a Will to:

• Make sure your money and property go to the people you want them to go to
• Minimise inheritance tax
• Name trusted people as executors* to sort out your affairs when you die
• Appoint legal guardians for any children who are still minors
• Reflect changes in your life circumstances, such as marriage or divorce, or the birth of children or grandchildren
• Ensure gifts of personal items are left to the right people
• Set up trusts and make gifts to charity.

*We act as executors for many clients and have administered thousands of estates.

Choosing the right Will service for you

Our Will services are easy to use and can be tailored to your needs. We can help you decide what type of service would suit you best.

Our online and postal Will service

This fixed fee service may be perfect for you if:

• Your estate, personal circumstances and wishes are relatively straightforward
• You’re happy to complete a secure online questionnaire or complete and return a postal form
• You don’t want advice on inheritance tax planning, trusts or other aspects covered by our bespoke service.

And with this service, if you appoint Irwin Mitchell as your executor, you’ll also get access to our Wills Assured service.

Fees for our online will service are £175 for a single Will or £260 for ‘mirror’ Wills.

If you prefer to use our postal service, fees are £195 for a single Will or £295 for ‘mirror’ Wills and you can download the form  and send it back to us.

Our bespoke Will service

We know that life can sometimes be more complex, involving scenarios that are unique to you and your family. This means your Will may need to reflect this, with a more tailored and bespoke solution to give you and your loved ones the confidence and security you need.

You may prefer dedicated legal and tax advice tailored to your needs if:

• You prefer to discuss your wishes and options with an adviser at an in person or virtual meeting or on the phone
• You would like to talk about inheritance tax planning or trusts
• You need advice on how to provide for your beneficiaries, taking into account their particular circumstances
• You have business interests, agricultural assets, overseas assets, international connections or your estate is over £1m
• You are a beneficiary of a trust
• You have made gifts over £3,000 in any tax year
• You or your partner have children from a previous relationship.

Our fees for the Will drafting elements of this service start from £850 plus VAT for a single Will or from £1,050 plus VAT for ‘mirror’ Wills and depend on your particular requirements. We’ll be able to give you an indication of the likely cost after an initial chat and, once we know more, we’ll confirm fees in writing before we proceed. We’ll also highlight other services that may be of interest to you such as advice on estate planning, powers of attorney, trusts and tax.

Sharia-compliant Islamic Wills

A Sharia-compliant Islamic Will (Wasiyyah) can be suitable for Muslims who’d like their assets to pass in accordance with the principles of Sharia law. Our solicitors are experts in Sharia law compliance and can help you provide for your family in a way that follows your faith.

Wills Assured Service

As part of our online and postal Will Service, we also offer our Wills Assured Service. Once finalised, we can store your Will for you. If you appoint Irwin Mitchell Trustees Limited as the executor of your estate, you’ll also able to make free amendments as part of our Wills Assured Service .

This package of additional benefits is designed to make life simpler for you and your loved ones knowing:

• Your Will is kept safe and will be easy to access after your death
• You can update it at any time if your circumstances change
• All your important digital information is in one place.

Reviewing or changing your existing Will (Adding a Codicil)

An up-to-date Will is essential for making sure your wishes reflect your current situation and includes everyone you wish.

It’s good practice to recheck your Will every five years, especially to make sure it considers any changes in tax regulations that might affect you.

We suggest reviewing your Will following major life changes, for example if:

• You get married or divorced
• Any of your beneficiaries get married or die
• New children or grandchildren are born, and you want them to inherit
• There’s a significant change in your financial circumstances
• You come into any inheritance – this could change the value of your estate and the Inheritance Tax payable.

With our Wills Assured Service , standard updates are free. That means you don’t have to worry about paying extra fees to keep your Will fit for purpose.

Deciding whether to make changes to your existing Will (adding a codicil) or to write a new one will depend on the scale and number of changes you want to make. A codicil is an addition to a Will that can amend or revoke parts of it. This can be suitable if there are just one or two small changes.

If you need any large revisions, it’s often better to write a new Will to avoid confusion. We can explore these options with you and advise on what’s best for you and your loved ones.

Accessing your documents

Your Will belongs to you, and we’ll happily store it for you and provide you with a copy when you need one. If at any stage you’d like your original Will returned to you, just let us know and we’ll tell you what we need to send it to you. When you die, your executors will need the original Will. We can explain the terms of the Will to them and help them deal with the probate process .

Contesting or defending a Will

If you’ve been left out of a Will, haven’t been left as much as you expected, or think the Will is wrong in some way, you might be able to contest it.

Contesting a Will can be challenging and feel daunting. With the help of our Will Disputes Team, we can support and guide you through the process. We can also help if you are an executor defending against a Will dispute .

Lasting Power Of Attorney

At the same time as thinking about your Will, it makes sense to also consider making a Lasting Power of Attorney (LPA) . These are useful if you’re worried about losing the ability to manage your own affairs in the future. We can discuss the options with you and help you appoint the right person to make decisions on your behalf if you lose mental capacity.

If you want to find out more,  contact the team today .

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Will Writing Services - More Information

How do i make a will.

Making a Will is simple. There’s a few ways to do it:

• Online – the questionnaire  only takes ten minutes to complete
• By post – download the form  and send it back to us
• By phone – call and speak to us
• In person – come and speak to us in one of our national offices

We recommend our online or postal service if your estate is relatively straightforward. If you have more complex requirements, or you’d like to talk about tax-planning or asset protection options such as setting up a trust, we advise speaking to us on the phone or coming in to see one of our experts.

Call us today for an initial consultation on 0370 1500 100 – or use our online enquiry form  and we’ll give you a call back.

How Much Does It Cost?

This depends on your requirements and the complexity of your estate. Standard Wills offered through our online service cost:

• £175 (including VAT) for a single Will
• £260 (including VAT) for ‘mirror’ Wills (for couples - if your needs are very similar).

If your estate is fairly straightforward we recommend this option. Get started with our online wills service  today.

You can also use our postal service by downloading the form and sending it in to us. The fees for this service are:

• £195 (including VAT) for a single Will
• £295 (including VAT) for ‘mirror’ Wills.

For both these services there may be additional costs if you need more complex advice. We would let you know about these before drafting your Will.

More complex and high value estates require more dedicated legal advice tailored to your needs, to ensure you and your loved ones are provided for in the most tax-efficient way .

For this service we recommend contacting the team to arrange an appointment with one of our experts who can let you know the options available to you.

What Should I Think About When Making My Will?

Everyone’s circumstances are different, but some of the things to consider when making a Will are:

• The value of your estate – inheritance tax (IHT) is generally due on anything over the £325,000 threshold (£650,000 for married couples and civil partners) once mortgage and other debts are deducted
• A new IHT allowance of £125,000 may apply if you own a property and leave some of your estate to relatives like children and grandchildren.
• How you own your assets – if you co-own property with your spouse, the type of tenancy you have will affect whether or not they can continue to live there after your death
• Who you want to leave your assets to (i.e. your beneficiaries)
• Who you would like to be the  executors of your estate
• Whether some assets would be best placed in a trust for asset protection purposes.

These are important decisions to make and you should seek legal advice to make sure your estate is structured in the best way for you and your beneficiaries.

Read through our Wills Checklist  to see if you’ve got everything covered.

Can You Store My Will?

Yes we can. Our specialist storage facility ensures your Will is kept secure from the risk of theft, fire or water damage. It also means it’s easily accessed after your death, giving you peace of mind and making things easier for your loved ones.

This service is free for our standard, bespoke and Wills Assured  clients.

Meet The Team

Our team has decades of experience helping people prepare, amend and execute Wills. We’re regularly appointed as executors and are very experienced in estate administration.

We also have experts in trust administration and tax compliance, which means we have everything you need to plan effectively.

We have considerable experience in complex estates and frequently work with international and high net worth clients.

Irwin Mitchell are a very professional, trustworthy and straightforward company to deal with. I would recommend them to anyone."

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This upcoming crisis means that planning ahead is more important then ever - find out more about how our Later Life Planning experts can help you prepare

"It’s never too late to start but the earlier you do the easier it is." - Richard Potts, CEO of IM Asset Management

Frequently Asked Questions

When do you need to review your will.

Having an up-to-date Will is essential to make sure your plans for your estate reflect your current situation and include everyone you want to include.

Its good practice to recheck your Will every five years, especially to make sure it takes into account any changes in tax regulations that might affect you.

You should also review your Will following major life changes, for example if:

• New children or grandchildren are born who you want to inherit
• You come into any inheritance – this could change the value of your estate and the Inheritance Tax payable

With our Wills Assured service, standard updates are free – so you don’t have to worry about paying extra fees to keep your Will fit for purpose.  Find out more.

Why Choose Irwin Mitchell?

Irwin Mitchell is a leading law firm with considerable expertise in the area of wills and estates. We’ve helped thousands of clients prepare for the future with strategic estate planning.

The team frequently receives five star reviews from our customers on Trustpilot, and we’re recognised in the leading UK legal guide, including the Legal 500 and Chambers & Partners.

We’re adept at dealing with complex estates and also handling international probate issues for clients who have assets in different countries. We also have the benefit of acting as executor for many of our clients, which allows us to bring our detailed knowledge of the probate process into our will writing services.

We pride ourselves on providing clear advice in plain English, free from jargon, and our team is always on hand to discuss any questions you have.

Can You Help Me Change My Will?

Yes – we can help you write a new will or add a codicil to your existing will. A codicil is an addition to a Will that can amend or revoke parts of it. It can be enough if there are just one or two small changes, but if you need any substantial revisions it’s better to write a new Will to avoid confusion.

Our probate and tax experts can also check that your Will is structured in the best way for your estate and be able to advise on any amends where necessary.

Standard updates are free with our Wills Assured  service.

Related Information - Will Writing Services

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The Benefits of Hiring a Will Writing Solicitor Over a Will Writer

Did you know that one in three adults aged over 55 in the UK don’t have a will ? In UK law, you have to be 18 years old to make a will – but knowing what you need to include and how to write it is a different problem. There are different ways of getting one drafted, but if it isn’t done carefully, it can be the difference between a legally binding document and an invalid will. In this article, we are going to explain the difference between a will writing solicitor and a Will Writer and why it is better to hire a solicitor.

What is the difference between Will Writers and will writing solicitors?

When deciding on who to hire to write your will, you may come across two different types of will writing services – those provided by a solicitor and those provided by Will Writers. One of the main differences between the two is that by law, anyone can become a Will Writer but you must be a chartered lawyer to become a solicitor. A will written by a will writing service may not be as detailed as those written by a solicitor and they won’t be able to provide legal advice – this means that complications could arise for the heirs once the client has passed away. Whilst both options are perfectly feasible to write your will, there are some substantial, stress-relieving benefits of hiring a will-writing solicitor over a Will Writer.

The benefits of solicitors for will writing

It is completely up to you whether you hire a solicitor or a Will Writer. There is no right or wrong and both are credible ways of ensuring you have a will sorted before you pass away. When deciding who you should go with, it is important to consider the following benefits of hiring a solicitor for will writing before you begin the process:

The right questions are asked

A solicitor will be well-versed when it comes to writing a will, as they will have the knowledge and experience to provide advice. Important questions need to be asked to fully understand what is to be included in your will, particularly when it comes to property and the interests included in your estate. A lot of clients know what they want to include in their will, but aren’t sure how to get there. Solicitors are able to work closely with you to fully understand what you want to include in the will and are able to offer suggestions on how to achieve your aims. A solicitor should never influence your decision, only provide advice.

The will is drafted properly and will contain the correct wording

A will is a legal document, so must be written carefully and thoroughly with no room for error or misunderstanding. Unfortunately, there are many cases of a will being misunderstood even if it seems straightforward. Wills that have been worded poorly can end up causing stress and costing more for the heirs. If the will is contested, the fight could cost substantial legal fees which may leave little for the person or people inheriting the estate. Solicitors are able to word the will so there is no room for doubt and remove the threat of contestation.

Solicitors have extensive legal knowledge

Whilst this goes without saying, extensive legal knowledge is imperative when it comes to writing a will. Whether your will is simple or complex, seeking legal advice is always recommended. There are a number of instances that will definitely require a solicitor to be involved in the process:

• If there are children from a previous marriage involved.
• If you have investments or property outside the UK, there will be other legal systems involved.
• If you want to include a business you own in the will.
• If you’d like to set up a trust , for example, for heirs with disabilities.

If you don’t use a solicitor under these circumstances, it could lead to major legal problems for your heirs. A worst-case scenario is that your will may be deemed invalid. This means that the will won’t be followed by law or the estate may fall to an earlier version of the will (which may have been drafted a long time ago). Working through your will with your solicitor will give you peace of mind that your estate will be left to the right beneficiaries. Find out more about the rights of the beneficiaries .

Solicitors are regulated by the Solicitors Regulation Authority (SRA)

English and Welsh law states that anyone can write a will, but getting the will exactly right is vital to ensure it is legally valid and states everything that it needs to, without room for doubt or contestation. There is a very strict Code of Conduct provided by the Solicitors Regulation Authority (SRA) which all solicitors must follow through the will writing process. Will Writers don’t have this regulation. 

Solicitors take into account family structures and complex finances

In some instances, the structures of families need to be taken into account. Whilst some families are of “married once with 2 kids” households which makes the process more simplistic, others may not have this structure or their finances are more complex (such as businesses, foreign assets, etc.). For example, if you have step-children and you want them to be included in the will, you will need the advice of a solicitor. 

It is signed correctly

As we have alluded to before, a will is a legally binding document. When it is signed, it must be done so with two witnesses. This is because a will signing must be recorded to prove validity. Whilst anyone can witness the signing of a will, as long as they are 18 or over and are not related to the client, there are many legal requirements that must be adhered to, which a solicitor will be able to ensure. If it is signed and witnessed incorrectly, it will become invalid.

Some of the conditions of a signing include:

• The witness and client are in the same room for the entire process.
• The will is signed before death.
• It is signed with the correct date.
• Each witness must sign the will and witness each other sign it.
• The witnesses and their partners are not left anything in the will.
• Your normal signature should be used.

If these requirements are not met, the will becomes invalid and a will written earlier may be used instead, which could contain outdated information or not include certain people. A solicitor will ensure the signing is witnessed correctly and that there is no room for doubt.

Advice From Will Writing Solicitors 

Writing a will ensures that your estate is left to the right people. It is also a legally-binding document that allows you control over where your assets go, particularly if you’re looking at foreign assets or complex family matters. Whilst you can choose either a solicitor or a Will Writer, solicitors provide extra protection and legal standing than those of a Will Writer. If you do choose a Will Writer, think carefully about who you choose and what protection they offer. 

If you’re thinking of writing a will and need professional help, the team here at Beeston Shenton have a wealth of knowledge and experience in wills and probate law , so you can be ensured all wills are clear and concise, helping to avoid misunderstanding and disputes. Contact us today to get your will started. Alternatively, you can take a look at everything you need to know about making a will .

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Write your will easily online with Which?. You can even get it reviewed by our specialists to make sure it’s completed correctly.

• How our process works
• Why write a will
• Get started
• Common questions

Our specialist lawyers and paralegals have thought of everything to make it quick and easy for you.

Get started, save where you’ve got to, take breaks, come back to it when you like.

Create professional, legally binding documents without paying expensive solicitors’ fees.

Our guidance notes should cover everything but we’re here to help if you get stuck.

If you die without leaving a will, your money and possessions won’t automatically go to those closest to you. The law will decide who gets what, not you, and this can cause distress for your loved ones. But a will correctly written and witnessed makes things clear-cut and conflict less likely. Best get your will done now with a name you can trust.

Things to think about

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The unique thing about Which? is that we are completely independent. We have no owners, shareholders or government departments to answer to and you'll never see an advert in our magazines or on our websites.

This means we work entirely on behalf of you, the consumer, and nobody else – so you can rest assured that you're getting the very best advice available.

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As a not-for-profit charitable organisation, all the money we make from our commercial operations is used to support the activities of the Which? Group.

Who reviews my documents?

One of our team of specialist paralegals. Each member of the team has undergone professional training in wills and powers of attorney.  The team is supervised by a solicitor regulated by the Solicitors Regulation Authority (SRA).

Are you regulated?

We are part of Which? Limited that is an unregulated organisation. The team is supervised by a solicitor regulated by the Solicitors Regulation Authority (SRA).

Completing your document

What happens after i buy my document.

You can start filling it out when you’re ready with our easy to use software.

How long does it take to complete a document?

We suggest you set aside around 1 hour to complete a document, although it can take less or more time, depending on the type of document you're creating and how much information you have to hand.

Do I have to complete my document in a set time period?

No, there isn't a time limit, you are very much in control of when you complete your documents. So you can start, then pause and come back when you are ready. But now you have purchased your documents, we suggest you complete them sooner rather than later.

What happens once I've completed the document?

If you bought a 'Self Service' document, it is now ready to be printed, signed and witnessed.

If you have chosen a document that includes a review, you can now submit it to our specialists by clicking 'Send for review' next to your document. They’ll review it and send you any feedback, guidance and suggestions. Then we’ll send you an email confirming the next steps.

How long does the legal review take?

We aim to complete the review in 10 working days. At busy times it might take slightly longer.

Can I upgrade my self service document to get a review?

Yes. Log in to your account and go to the 'My documents’ section. Next to the document you want to be reviewed, click on 'Upgrade to legal review'.

You’ll need to pay the difference in the price between the two service levels.

Do you certify documents?

This isn’t a service we offer. Here are some ways you can get your document certified.

How will I know if my document is legally binding?

With our review service, specialist paralegals go through your document with a fine-tooth comb to iron out errors and to make sure it’s legally compliant. When they’re 100% satisfied that it is, and once it’s been printed, signed and witnessed correctly, it will be legally binding.

Which web browser do I need?

The website is designed to work in all current versions of Microsoft Edge, Mozilla Firefox and Google Chrome. If you do experience any technical difficulties, in the first instance try using an alternative browser. We recommend using Google Chrome.

What happens once my document has been reviewed?

Once your document has been reviewed, our specialists will return it to you with their feedback. You'll receive an email including the details. If there are no issues, your document will be approved. Alternatively, our feedback could highlight some changes you may need to consider. When you've taken any action needed, send the document back to our specialists to approve by clicking 'Send for review'. Once approved, you can then print your document by clicking 'Print' next to your document in the 'My documents' section of your account. It's really important to follow our guidance to make sure your document is signed and executed correctly. We do not review documents once they have been signed and executed, as this is not part of our service.

If the document is for someone else, do they need to create their own account?

No, all documents are completed within the same account. The person who created the account will be the person that fills in the details for all documents. 

What’s the difference between mirror wills and a pair of wills?

Mirror wills are usually made by married couples or civil partners. Normally, the first to die leaves their estate to the survivor. When the survivor dies, the estate passes to the beneficiaries (who are the same people in both wills).

A pair of wills is two wills made by two people with the flexibility to make them similar to each other or completely different.

Who can witness my will?

In England & Wales, a will must be witnessed by two independent people over the age of 18. Your witnesses don’t need to know what’s in your will.

Witnesses cannot be:

• beneficiaries in your will,
• spouses or civil partners of beneficiaries in your will, or
• anyone related to you.

What type of gift can I make in my will?

• Specific gifts – such as your jewellery, shares or property
• Cash – known as ‘pecuniary’ gifts
• Residuary gifts – what's left after all debts have been paid and all other legacies have been accounted for.

Can I use Which? if I have foreign assets?

If you have assets outside the UK, you can include them in your will. But we cannot guarantee that it will be accepted in the country where your assets are located.

We strongly suggest you take independent specialist advice about whether or not our service is likely to meet your needs.

I own a business. Can I use your services?

Can you advise on things such as inheritance tax and care fees.

Unfortunately not. If you’re a member of Which? and your membership includes access to our legal advice service, you can discuss inheritance tax with one of their expert lawyers. Please call 0117 911 8270 to make an appointment.

The government’s MoneyHelper service may also be able to help. Visit www.moneyhelper.org.uk to find out more.

Payments and refunds

How and when do i pay for my document.

You can pay online once you’ve added a document to your basket. We accept all major debit and credit cards and your payment is processed securely.

I’ve paid for a document but now I’ve changed my mind. Can I have a refund?

You are entitled to a refund within 14 days of purchase unless:

• You’ve completed a Self Service document 
• Your Legal review or Premium document has been reviewed by our specialists.

The easiest way to organise a refund is to log in to your account and send us a message via the 'Contact us' function.

We are only able to refund what you paid via the original method of payment.

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Why you should write your will today

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No matter how you write your will, we’ll cut the legal jargon to make it simpler. If you get stuck, we’re only a phone call away.

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Frequently asked questions

If you die without a will, it’s called dying intestate. And the laws of intestacy will decide who should inherit your property, money and possessions. As these laws are over 100 years old, they don’t take modern families into account, like unmarried couples and step children. So, if you and your partner are not married, or haven’t registered a civil partnership, your partner will not inherit all your assets automatically.

If you have a child under the age of 18, in certain circumstances social services or the courts will make decisions about who takes care of them. So writing a will is the best way to protect your loved ones and make your wishes known.

A ‘will trust’ is a way of giving a person, or group of people, control over certain assets when you die. There are different reasons to set up a will trust, for example:

to protect assets for beneficiaries who may not be able to manage them, like leaving property to a young person, or money to someone who is vulnerable

to provide an income or a home for a spouse or partner during their lifetime

to protect money you’re leaving to beneficiaries in certain circumstances, for example, if they are going through a divorce or at risk of bankruptcy

When you start writing a will with Farewill, we’ll ask you some questions which will help you to work out if you need a trust. And if you do, we’ll suggest that you talk to one of our will specialists on the phone. They’ll ask you some more questions about your situation and explain which one of our services may be right for you.

If you write a will with a high-street solicitor, you may need a codicil to change your will. This is a separate document that costs about £70 each time. If you want to make more significant changes to your will, most high-street solicitors would recommend making a new will instead, which can cost hundreds more.

If you write your will online with Farewill, our subscription service offers unlimited updates for just £10 a year. It’s important to update your will when circumstances change, so our subscription service can save you hundreds of pounds.

Good reasons to update your will include:

starting a civil partnership, getting married or divorced

becoming a parent or grandparent

moving home

a significant change in your financial situation

the death of an executor or beneficiary named in your will

Most married couples, civil partners and long-term partners choose to leave the bulk of their estate to their partner. This is usually due to shared responsibilities, like bringing up children or paying a mortgage, where your partner would rely on your financial support.

If you’re a parent and don’t have a partner, you may wish to share your estate between your children. Anything left to children under 18 will usually be held by your executors until they reach adulthood. Your executors can choose to transfer the gift to the child’s parent or guardian for safekeeping at their discretion, or to use it for the child’s benefit before they reach 18.

If you don’t want to leave your estate to family or close friends, you may choose to include a charity in your will. Leaving a left to charity is a great way to support a cause you care about, and leave a lasting legacy.

Executors are the people you name in your will to carry out your wishes after you die. They could be friends, family members or a professional service – the most important thing is that they would be comfortable carrying out your wishes and administering your estate after you’ve died. Administering your estate could include applying for grant of probate, selling or transferring assets, and distributing your estate to any beneficiaries.

When you write a will with Farewill, appointing your executors is easy. Whether you choose friends, family, Farewill Trustees or a combination of all three, you can do it in just a few clicks online, or with a specialist over the phone.

To make your will legally binding you need to make sure it’s signed alongside two witnesses. It’s important that both witnesses watch you sign your will at the same time, then they need to add their own details and signatures. This is so that, if your will is ever contested in the future, your witnesses can testify that they watched you sign your will.

Your witnesses should be people you trust, over the age of 18. They cannot be a beneficiary in your will, or married to one of your beneficiaries.

Inheritance tax is a tax on the estate of someone who has died. An estate can be made up of property, money and possessions.

There’s normally no inheritance tax to pay if either the value of the estate is below £325,000 or if everything above that amount is left to your spouse, civil partner, a charity or a community amateur sports club.

If you own your home (or a share in it) your tax-free threshold can increase to £500,000 if:

you leave it to your children (including adopted, foster or stepchildren) or grandchildren

your estate is worth less than £2 million

Funds from the estate are used to pay inheritance tax. The people who inherit your estate only pay inheritance tax under specific circumstances, for example, if they inherit a rental property, or you give them a gift worth more than £325,000 and die within 7 years.

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News > Will Writing Services: Pros and Cons

Will Writing Services: Pros and Cons

Reasons to choose wilson browne, why do i need a will.

Making a Will gives you the peace of mind of knowing that your wishes will be respected after your death. In addition to facilitating the distribution of your money, property and possessions, Wills can be used to provide details of your funeral arrangements and the guardianship of children.

You will also be helping your loved ones avoid the anxiety that can result from someone passing away without a Will, leaving uncertainty about what their intentions were.

Whilst it is important to make a Will (and sadly more than two-thirds of people in the UK do not), it is also vital that it is drawn up properly to avoid the risk of it being contested – something likely to be extremely stressful for your beneficiaries.

There are several key points to consider when deciding whether to seek help from a Will writing solicitor or Will writing service.

Convenience

• Lack of worry and anxiety

Will writing solicitor or Will writing service?

While many people still choose the traditional route of asking a Will writing solicitor to draw up the document, some have turned to an alternative option.

Will writing services are provided by many individuals and businesses; those providing this assistance can differ widely in level of expertise, quality of service and the fees they charge.

Given the importance of having a Will that’s fit for purpose, it’s vital that you have as much information as possible about your options so that you can make the choice that’s right for you.

What are Will writing services?

When you meet a Will writer they will ask you about your assets. These include:

• Finances (e.g. money in a bank account, stocks and shares)
• Possessions (e.g. house, car, jewellery)

You will also be asked about your choice of executor(s) – the individual(s) who will be responsible for the practicalities of implementing your decisions.

Their role will include:

• Gathering together all your assets
• Paying any liabilities (e.g. inheritance tax, credit card debts)
• Distributing the remaining assets according to the instructions in your Will

The Will writer will then ask you how you want your assets to be distributed – you may wish to include both individuals and organisations (e.g. charities) in your Will.

Once the Will writer has the full picture of your assets and how you wish to bequeath them, they will draw up a draft of the Will for you to review.

Will there be a Will writing service near me?

Many Will writing services will arrange an appointment at your home to discuss your Will.

There is also the option of using an online Will writing service; you will visit a website and fill in a questionnaire covering the same areas as at a personal meeting.

The online service may operate in conjunction with a telephone option, where clients can call a helpline should they need additional assistance.

The pros of Will writing services

It is usually cheaper to use a Will writing service than a solicitor. You may also be offered a fixed fee so you know exactly what the cost is going to be before you agree to go ahead.

As shown above, the service may be provided in your home at a time that suits you, online or by phone – this may be particularly beneficial for people with mobility issues.

In addition, some people may find it less stressful to fill in an online form than discuss personal information in person. Using a website also allows you to pause if you need a break or to find additional information without the worry that this will increase the cost.

There are many providers offering this service, giving you the chance to do your research and choose the one with whom you feel most comfortable.

The cons of Will writing services

Level of expertise.

It is unlikely that your Will writer will be a qualified solicitor, meaning they will not have received the same level of training or have had that training updated as regularly.

The higher fee you may pay a Will writing solicitor reflects the years they have spent building up the skills they will use on your behalf.

There are a number of scenarios in which you may need specialist advice over your Will. These include:

• Unmarried couples: there is no provision under intestacy rules for couples who are living together outside of marriage.
• Tax liabilities: rising property prices mean that more and more people are crossing the threshold of £325,000 and becoming liable for inheritance tax. Likewise, many people may be unaware that items within their estate are liable for capital gains tax. Taking expert legal advice can greatly reduce (or even eliminate) the amount payable in both cases, thus significantly increasing the value of the estate. While Will writing services may appear cheaper, the lack of expert advice provided could prove very costly in the long run.
• Children from previous relationships: it is highly recommended that you take specialist advice to ensure that they inherit from your estate.
• Disabled beneficiaries: a solicitor would be able to ensure that your Will takes account of any provisions a beneficiary with disabilities requires.
• Minor children: it is important to ensure that their interests are protected and that trustworthy and reliable people are appointed to act as guardians.
• Family disputes: if there is ill feeling and suspicion between members of your family it is especially important that your will is unambiguous and robust to reduce the risk of it being challenged in court.
• The need to future-proof a Will: many people live for a long period of time after drawing up a Will. While Wills can be amended or redrawn to reflect changing circumstances, it is preferable for the original Will to be drawn up in such a way as to take into account the possibility of change. This is something that would require the expertise of a Will writing solicitor who can advise on issues including care home costs, living Wills and power of attorney.
• Issues affecting beneficiaries: should any of the individuals you intend to benefit from your Will be experiencing financial problems (including bankruptcy), mental illness or be likely to die before you, expert legal guidance can help to ensure they receive as much of their inheritance as possible.
• Foreign assets: these can be complex issues requiring specialist advice to ensure that the Will protects the interests of beneficiaries.

Risk of legal challenge

Following on from the above points, one of the biggest potential disadvantages of using a Will writing service is that, especially in complex cases, it can increase the chances of a Will being contested in court. As well as the anxiety this can cause to beneficiaries, it can also significantly reduce the value of an estate.

Ways in which a Will writing service could increase the risk of a legal challenge include:

• Errors: a simple mistake in the drafting of a Will can potentially render it invalid. As the providers of Will writing services generally lack the level of expertise of a solicitor, the chances of an oversight occurring are increased.
• Assessing mental capacity: one way in which a Will may be legally contested is over the mental capacity of the individual concerned. The use of a Will writing service may make such a challenge more likely as it means there is no legally qualified person involved in the process who can verify the person’s capacity.
• Risk of coercion: Anyone contesting the Will may find it easier to argue that someone was pressured into making the Will if the process was not overseen by a solicitor.
• Ambiguities: Anything in the Will which is not clear and unambiguous can create the potential for a legal challenge.
• Motivation: The simple fact that a Will that has been drawn up by a Will writing service rather than a solicitor may encourage people to contest it. Even if the challenge is unsuccessful, the experience may prove costly to the beneficiaries in terms of stress and the value of the estate.

Anyone using a solicitor to draw up their Will has the peace of mind that they are tightly regulated and follow a rigorous code of practice. In the unlikely event of any problems occurring the individual will have a clearly defined procedure to follow in seeking compensation.

Will writers are not so heavily regulated and the degree of protection offered may vary greatly between different providers. As shown above, using a Will writing service may increase the chances of an error being made.

The relative lack of regulation may also make it more difficult for the individuals affected to obtain recompense.

Will writing services may not offer the same comprehensive service (including free-will health checks and storage) that many Will writing solicitors provide as part of their fee. Once again we can see how a Will writing service may not be such a cheap option in the long run.

Online DIY wills

Many providers offer template Wills on the internet.

These are often available free or at very low cost which can make them seem an attractive option.

As has been shown with Will writing services, however, a lack of expertise and regulation can lead to problems. There is the potential for these issues to be far greater in the case of DIY Wills given that there may be no checking process in place to ensure that the will has been drawn up appropriately.

Will writing solicitors

Many people find that the best option is to have a Will writing solicitor draw up their Will.

Wilson Browne, for example, brings the assurance of expert advice and the highest levels of service at an affordable price to ensure your Will is legal, clear, and adaptable to changing circumstances in the years before your death.

The benefits of using a Will writing solicitor to draw up your Will include:

• Expertise: As qualified solicitors our team at Wilson Browne can draw up a Will that is legally robust, reducing the chances of it being challenged in court. Integrity: We are heavily regulated and follow a code of practice to provide a guarantee of our reliability.
• Tax efficiency: Wilson Browne’s team of experts can ensure that your Will is structured in the most tax efficient way, maximising the share of your estate that will be inherited by your loved ones.
• Adaptability: Wilson Browne is adept at working with you to ensure that your Will reflects your present intentions. Our quality service includes free Will health checks to determine whether your Will needs changing in the light of events such as marriages and children. Similarly, we can identify whether new tax legislation makes it advisable for you to amend your Will to reduce liabilities.
• Free Will storage: Unlike some Will writing services, we will be happy to store your Will free of charge to provide added peace of mind.
• Free registration on Certainty, the national Wills database.
• We are fully qualified to make Sharia Law compliant for a Will under English law to ensure that the wishes of our Muslim clients are respected.
• Affordability: The cost of drawing up a Will starts at just £315 (plus VAT).

Is there a Will writing solicitor near me?

When it comes to having their Will drawn up, many people prefer face-to-face-meetings.

With our offices in Northampton , Kettering , Corby , Higham Ferrers , Wellingborough and Leicester you can be assured of the highest level of bespoke will writing service and expertise over the drawing up of such an important document.

As an expert Will writing solicitor Wilson Browne can bring peace of mind for you and your loved ones.  Please get in touch to find out how we can help you.

Call 0800 088 6004 or fill in our online form.

More Advice on Wills from Wilson Browne Solicitors:

How Much Does a Will Cost?

Do I Need A Solicitor To Write A Will?

Are Free Wills Really Free?

Are Online Wills Valid?

When Should I Change My Will?

Who Can View A Will?

Posted: 12/04/2022

Kirsty Chettle

Trainee Legal Executive

Kirsty is a member of the Private Client team based in our Higham Ferrers office and is currently working towards her CILEx exams. She assists the teams on a variety of matters including Wills, probate, trusts, inheritance tax, lasting powers of attorney and more.

Making a will

This advice applies to England. See advice for See advice for Northern Ireland , See advice for Scotland , See advice for Wales

Why it is important to make a will

It is important for you to make a will whether or not you consider you have many possessions or much money. It is important to make a will because:

if you die without a will, there are certain rules which dictate how the money, property or possessions should be allocated. This may not be the way that you would have wished your money and possessions to be distributed

unmarried partners and partners who have not registered a civil partnership cannot inherit from each other unless there is a will, so the death of one partner may create serious financial problems for the remaining partner

if you have children, you will need to make a will so that arrangements for the children can be made if either one or both parents die

it may be possible to reduce the amount of tax payable on the inheritance if advice is taken in advance and a will is made

if your circumstances have changed, it is important that you make a will to ensure that your money and possessions are distributed according to your wishes. For example, if you have separated and your ex-partner now lives with someone else, you may want to change your will. If you are married or enter into a registered civil partnership, this will make any previous will you have made invalid

If you are in any doubt as to whether or not you should make a will, you should consult a solicitor - find out how to get legal advice .

For more information about what happens if someone dies without making a will, see Who can inherit if there is no will – the rules of intestacy .

Whether you should use a solicitor

There is no need for a will to be drawn up or witnessed by a solicitor. If you wish to make a will yourself, you can do so. However, you should only consider doing this if the will is going to be straightforward.

It is generally advisable to use a solicitor or to have a solicitor check a will you have drawn up to make sure it will have the effect you want. This is because it is easy to make mistakes and, if there are errors in the will, this can cause problems after your death. Sorting out misunderstandings and disputes after your death may result in considerable legal costs, which will reduce the amount of money in the estate.

You should remember that a solicitor will charge for their services in drawing up or checking a will. They should give you the best possible information about the cost of their services. They should give you this at the beginning of their work with you.

Some common mistakes in making a will are:

not being aware of the formal requirements needed to make a will legally valid

failing to take account of all the money and property available

failing to take account of the possibility that a beneficiary may die before the person making the will

changing the will. If these alterations are not signed and witnessed, they are invalid

being unaware of the effect of marriage, a registered civil partnership, divorce or dissolution of a civil partnership on a will

being unaware of the rules which exist to enable dependants to claim from the estate if they believe they are not adequately provided for. These rules mean that the provisions in the will could be overturned

When it is particularly advisable to use a solicitor

There are some circumstances when it is particularly advisable to use a solicitor. These are where:

you share a property with someone who is not your husband, wife or civil partner

you wish to make provision for a dependant who is unable to care for themselves

there are several family members who may make a claim on the will, for example, a second wife or children from a first marriage

your permanent home is not in the United Kingdom

you are resident here but there is overseas property involved

there is a business involved

Other help with writing a will

If you are a member of a trade union, you may find that the union offers a free will writing service. A union will often use its own solicitors to undertake this work.

There are books which provide guidance on how to draw up a will. These can help you decide if you should draw up your own will and also help you decide if any of the pre-printed will forms available from stationers and charities are suitable. It is also possible to find help on the internet.

Will-writing services are available. However, will-writing firms are not regulated by the Law Society so there are few safeguards if things go wrong.

If you decide to use a will-writing firm, consider using one that belongs to The Institute of Professional Willwriters which has a code of practice approved by the Trading Standards Institute Consumer Codes Approval Scheme (CCAS).

Traders in this scheme display the TSI approved code logo.

When you see the logo, it means that the trader has agreed to provide good standards of service including clear information before a contract is signed, a clear complaints procedure and access to alternative dispute resolution (ADR) scheme for settling out of court.

You can search for a will-writing firm belonging to The Institute of Professional Willwriters  on their website.

How much does a solicitor cost

The charges for drawing up a will vary between solicitors and also depend on the complexity of the will.

Before making a decision on who to use, it's always advisable to check with a few local solicitors to find out how much they charge.

You might have access to legal advice through an addition to an insurance policy that covers the costs of a solicitor preparing or checking a will. If you're a member of a trade union you might find that the union offers a free wills service to members.

The charity Will Aid has set up a partnership between certain solicitors and nine well-known charities.

Every November, participating solicitors will write a basic will free of charge in return for a donation to Will Aid.

You can find out about the suggested minimum donation amount, and details of solicitors who can help on the Will Aid website . 

It's also worth you giving some thought to what you want to say in the will before seeing a solicitor. This should help reduce the costs involved.

What should be included in a will

To save time and reduce costs when going to a solicitor, you should give some thought to the major points which you want included in your will. You should consider such things as:

how much money and what property and possessions you have, for example, property, savings, occupational and personal pensions, insurance policies, bank and building society accounts, shares

who you want to benefit from your will. You should make a list of all the people to whom you wish to leave money or possessions. These people are known as beneficiaries. You also need to consider whether you wish to leave any money to charity

who should look after any children under 18

who is going to sort out the estate and carry out your wishes as set out in the will. These people are known as the executors

Who are executors

Executors are the people who will be responsible for carrying out your wishes and for sorting out the estate.

They will have to collect together all the assets of the estate, deal with all the paperwork and pay all the debts, taxes, funeral and administration costs out of money in the estate.

They will need to pay out the gifts and transfer any property to beneficiaries.

Who to choose as executors

It is not necessary to appoint more than 1 executor although it is advisable to do so - for example, in case one of them dies.

It is common to appoint 2, but up to 4 executors can take on responsibility for administering the will after a death.

The people most commonly appointed as executors are:

relatives or friends

solicitors or accountants

the Public Trustee or in some cases the Official Solicitor if there is no one else willing and able to act

It is important to choose executors with considerable care since their job involves a great deal of work and responsibility.

You should always approach anyone you are thinking of appointing as an executor to see if they will agree to take on the responsibility. If someone is appointed who is not willing to be an executor, they have a right to refuse.

If an executor dies, any other surviving executor(s) can deal with the estate. If there are no surviving executors, legal advice should be sought.

For more information about what executors have to do, see Dealing with the financial affairs of someone who has died .

Requirements for a valid will

In order for a will to be valid, it must be:

made by a person who is 18 years old or over and

made voluntarily and without pressure from any other person and

made by a person who is of sound mind. This means the person must be fully aware of the nature of the document being written or signed and aware of the property and the identify of the people who may inherit and

in writing and

signed by the person making the will in the presence of two witnesses and

signed by the two witnesses, in the presence of the person making the will, after it has been signed.

A witness or the married partner of a witness cannot benefit from a will. If a witness is a beneficiary (or the married partner or civil partner of a beneficiary), the will is still valid but the beneficiary will not be able to inherit under the will.

Although it will be legally valid even if it is not dated, it is advisable to ensure that the will also includes the date on which it is signed.

As soon as the will is signed and witnessed, it is complete.

If someone makes a will but it is not legally valid, on their death their estate will be shared out under certain rules, not according to the wishes expressed in the will.

For more information about the rules if someone dies without leaving a valid will, see Who can inherit if there is no will – the rules of intestacy .

Wills of service personnel on active service

The requirements for a valid will are less stringent for service personnel on active service. Such wills are known as privileged wills.

If you need further help about privileged wills, you can talk to an adviser or seek legal advice.

Where to keep a will

Once a will has been made, it should be kept in a safe place and other documents should not be attached to it. There are a number of places where you can keep a will:-

with a solicitor or accountant

at the Principal Registry of the Family Division of the High Court, a District Registry or Probate Sub-Registry for safe keeping. If you wish to deposit a will in this way you should visit the District Registry or Probate Sub-Registry or write to:

Probate Department (England and Wales)

Principal Registry of the Family Division

First Avenue House

42-49 High Holborn

Tel: 020 7947 7022 (safe custody enquiries); 020 7947 6983 (how to obtain a will - recorded message); 020 7947 6043/6939 (personal application enquiries)

Probate Helpline: 0300 123 1072

Fax: 020 7947 6946

Looking for copies of a will after someone dies

Someone close to you may have died and you think they made a will but you can't find one in their home.

Check to see if you can find a certificate of deposit, which will have been sent to them if they arranged for the will to be kept by the Principal Registry of the Family Division.

Even if you can't find a certificate of deposit, you can still check with the Registry to see if they hold the will. If the person died in a care home or a hospital you could check to see if the will was left with them.

You should also contact the person's solicitor, accountant or bank to see if they hold the will.

The person who has died, or their solicitor, may have registered their will with a commercial organisation such as Certainty ( www.certainty.co.uk ) and, after the person's death, you can pay for a search of the wills registered on the company's database.

You can also ask the company to contact solicitors in the area where the person lived to ask if they hold a will.

If you can't find a will, you will usually have to deal with the estate of the person who has died as if they died without leaving a will.

For more information, see Who can inherit if there is no will – the rules of intestacy .

Getting a copy of the will when probate has been granted

When someone dies, the person who is dealing with their estate (for example, money and property) must usually get authorisation to do so from the Probate Service.

If there is a will, this authorisation is called a grant of probate.

When probate is granted, the will is kept by the Probate Service and any member of the public can get a copy.

If you want to search for the will of a person who died recently, you can apply to the Probate Service for a standing search to be made.

They will check their records to see if a grant of probate has been made in the twelve months before your application, and they will continue to check for six months afterwards.

If a grant has been made, they will send you a copy of the grant and a copy of the will, if any. A fee is payable.

You can renew your search at the end of 6 months for a further fee. It may  be advisable to wait 2 or 3 months after the death before you apply for a search.

You can find out how to apply for a standing search and how much it costs on GOV.UK.

If you want to do your own search, or if you want to search for the will of someone who died more than twelve months ago, you can do a general search.

A general search by the Probate Registry will cover a four year period and a fee is payable. If you go to the Probate Registry to do the search yourself, no charge is made, but you still have to pay to get a copy of the grant of probate and the will, if any.

You can find out how to apply for a general search and how much it costs on GOV.UK.

Personal application

You can make a personal search free of charge by going to the Principal Registry of the Family Division (see under heading Where to keep a will ). If you want to inspect or take a copy of the will, there is a fee of £5.

Local application

You can order a copy of a will or grant of probate at any district probate registry.

You will need to give the full name of the person who died, the date probate was granted and the name of the registry office where it was issued. The fee is £5.

To find a district probate registry, search on GOV.UK at  https://courttribunalfinder.service.gov.uk/search/postcode .

Change of circumstances

When a will has been made, it is important to keep it up to date to take account of changes in circumstances.

It is advisable for you to reconsider the contents of a will regularly to make sure that it still reflects your wishes. The most common changes of circumstances which affect a will are:

getting married, remarried or registering a civil partnership

getting divorced, dissolving a civil partnership or separating

the birth or adoption of children, if you wish to add these as beneficiaries in a will

How to change a will

You may want to change your will because there has been a change of circumstances.

You must not do this by amending the original will after it has been signed and witnessed.

Any obvious alterations on the face of the will are assumed to have been made at a later date and so do not form part of the original legally valid will.

The only way you can change a will is by making:

a codicil to the will or

A codicil is a supplement to a will which makes some alterations but leaves the rest of it intact. This might be done, for example, to increase a cash legacy, change an executor or guardian named in a will, or to add beneficiaries.

A codicil must be signed by the person who made the will and be witnessed in the same way. However, the witnesses do not have to be the same as for the original will.

There is no limit on how many codicils can be added to a will, but they are only suitable for very straightforward changes. If a complicated change is involved, it is usually advisable to make a new will.

If you wish to make major changes to a will, it is advisable to make a new one.

The new will should begin with a clause stating that it revokes all previous wills and codicils. The old will should be destroyed. Revoking a will means that the will is no longer legally valid.

Destroying a will

If you want to destroy a will, you must burn it, tear it up or otherwise destroy it with the clear intention that it is revoked.

There is a risk that if a copy subsequently reappears (or bits of the will are reassembled), it might be thought that the destruction was accidental.

You must destroy the will yourself or it must be destroyed in your presence.

A simple instruction alone to an executor to destroy a will has no effect. If the will is destroyed accidentally, it is not revoked and can still be declared valid.

Although a will can be revoked by destruction, it is always advisable that a new will should contain a clause revoking all previous wills and codicils.

Revoking a will means that the will is no longer legally valid.

If a person who made a will takes their own life

If a person who made a will takes their own life, the will is still valid.

Challenging a will

A person may want to challenge a will because:

they believe that the will is invalid or

they believe that they have not been adequately provided for in the will

There are strict time limits for challenging a will and if you want to challenge a will, you should seek legal advice as soon as possible.

If you want to challenge the will because you believe you haven't been adequately provided for, the time limit is 6 months from the grant of probate. Your local Citizens Advice can give you lists of solicitors. You can  search for your nearest Citizens Advice .

If you are named in someone else's will as an executor, you may have to apply for probate so that you can deal with their estate.

For more information about probate, see  Dealing with the financial affairs of someone who has died .

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Writing a will ensures your wishes regarding your money, your possessions, and your property are carried out in the event of your death.

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Writing a will ensures your wishes regarding your money, your possessions, and your property are carried out after you die and that your family and loved ones are looked after in the way that you want. Here are some services we can help with.

Our will writing services and prices

Executing a will, intestacy laws, will storage and retrieval, will writing services available.

At Slater and Gordon, we offer a wide range of will writing services, ranging from bespoke wills needed to handle complex situations and where large estates are involved – to simpler wills, designed for individuals or families with more straight-forward requirements.

Our will-writing team are currently at full capacity, though if you’d still like to pass on your details, please contact [email protected] and we’ll contact you next month to discuss which of our services is suited to your needs. For more information on what you should consider including in your will, visit our will writing guide.

Full details of what's included in our will writing services can be found here .

• Slater and Gordon Premium – This is our bespoke will writing service. You can meet face to face with a STEP-qualified Partner, Associate, or Solicitor either at one of our offices or at your home (up to an hour and a half appointment). This package includes our full range of services such as advice on distribution of the estate, Inheritance Tax, and the appropriate use of Trusts. The cost of this service depends upon the time spent, with a typical hourly cost of £288 and the average price for completion of £1,440.
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• Slater and Gordon Protect – A fixed fee service including a telephone meeting arranged with a lawyer. A fixed price of £300 for a single will and £540 for a mirrored will.

Depending on the size of your estate, the complexity of your personal situation we will be able to recommend the perfect package for your needs. Price reflects the seniority of the solicitor, associate, or partner involved in your will.

Please note: We offer discounts for union members.

More detailed T&C on our will packages can be found here .

When do I need to review my will?

We recommend you review your will when your personal situation changes e.g:

• You have more beneficiaries (e.g. step-children, foster children, newborn children)
• You get married, enter a civil partnership, or get divorced (NB: your will is automatically revoked by marriage or entering into a civil partnership)
• You sell or buy property or other valuable assets

How our will writing solicitors can help

A will is a legal document and any small error in the wording is open to interpretation which can cause problems and, at worst, render the will invalid. We can assist you by providing you with the legal advice you need and preparing your will. We have assembled a range of guides to give you a good understanding of your legal situation:

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What Is a Power of Attorney (POA) 2024?

Key takeaways:.

• A power of attorney, or POA, is a legal document that allows you to give someone else the authority to make decisions on your behalf.
• Using an attorney to craft your POA can cost you more than $300. Using an online service like LegalZoom can be a more affordable option starting at just $35.
• A durable POA is effective from the moment you sign it and does not expire; a non-durable POA is only effective for a limited period of time; and a springing POA will not become effective until you’re declared incapacitated.
• You can create a limited POA that only applies to certain types of decisions, such as medical care or finances.

Powers of attorney are an extremely useful tool in estate planning . They can be used to help you make many types of decisions —buying a car, choosing an insurance provider, or even paying your bills. Having a POA in place will ensure you have a trusted person to act for you when you can’t.

This article will explain what is a POA, what it can and can’t do for you, and how you can get one. If you are also considering creating a will, read our in de-depth review of the best online will makers .

Why you can trust our expert review

Our Reviews Team consists of trained lawyers who have spent hundreds of hours researching estate planning and using the services we recommend. We only recommend services we find to be helpful and accurate. To develop our reviews and guidance, we:

• Spent 300 hours researching and using online estate planning services
• Consulted with legal experts, probate attorneys, and financial planners to learn the best practices in estate planning
• Went behind the paywall to gain first-hand experience with five of the top online will creation services to review and compare them with each other
• Read hundreds of customer reviews on trusted third-party websites, such as Better Business Bureau (BBB) and Trustpilot

“Power of attorney” meaning

A power of attorney is a legally binding document—not an individual—that allows you to appoint someone to manage your real property (real estate), personal property, or medical or financial affairs for you, according to the Consumer Financial Protection Bureau . 1 In other words, it gives someone else the authority to make the decisions you would normally make, in the event you can no longer make them.

The person creating the POA is called the “ principal .” The person being appointed with decision-making power is called an “ agent .”

POAs are typically used by those who cannot manage their affairs, either due to mental incapacity or physical absence. This may be short-term (for example, due to illness or travel) or long-term (like with a severe brain injury or a coma), depending on the type of POA.

In the legal sense, someone is considered incapacitated if they lack the ability to make rational decisions according to the Legal Information Institute of Cornell Law School . 2 This can be due to an illness, declined mental state, a disability, or simply being away for an extended period of time.

For more information about the importance of having a POA in place, our Reviews Team spoke with Amanda Dorio, Esq. She practices in the areas of wills, trusts, estates, probate, and trust administration and is licensed to practice law in Florida and Wisconsin. Dorio shared that a “[POA] is a vital legal tool that empowers a trusted individual to manage your financial matters in case you can’t. It’s a smart way to ensure that your financial affairs are handled smoothly during unexpected situations rather than facing potential delays and complications without one.”

What does a power of attorney do?

A POA allows you to grant someone, also known as an agent, the authority to make your decisions for you.

A POA creates a “fiduciary relationship” between you and your agent. A fiduciary relationship is when one person is legally obligated to act in the best interests of another person. That means they’re responsible for making decisions for you, in the way you would want those decisions to be made.

Who needs a power of attorney?

POAs are typically set up for older adults engaged in the estate planning process. They are commonly included in estate planning bundles, so if you don’t yet have a will, you can get both of these documents at the same time.

If you want to create a power of attorney for a parent or loved one, you’ll want to do it as soon as possible. Once that person is declared incapacitated, they won’t be able to create a power of attorney. Instead, a judge will have to formally appoint a guardian to care for them.

Power of attorney limitations

You can set a limitation on either the scope or duration of the agent’s authority when you create a POA.

For example, a springing POA is limited because it won’t take effect unless you become incapacitated. A non-durable POA is limited by placing an expiration date on your agent’s authority. A financial POA limits the agent’s scope of authority to only financial decisions. No matter what type of POA you create, the agent’s authority will expire once you die.

Though your agent has complete decision-making authority over the affairs included in your POA, they are still required to act in your best interest.

For example, your agent will never be able to:

• Write your will or change it
• Transfer funds from your bank account to their own (without your consent)
• Make decisions after your death (unless they’re appointed to do so in your will)
• Transfer the POA power to someone else without your consent

Risks of a power of attorney

The main risk of having a power of attorney is your agent may make the wrong decisions on your behalf. Make sure your agent understands exactly what your wishes are and why they are important to you.

In rare cases, a POA can be abused by an agent who tries to take advantage of their power over your affairs, which is a crime, according to the National Center on Elder Abuse . 3 That’s why it’s so important to choose an agent you completely trust to act responsibly.

To minimize this risk, you can craft a POA that includes certain safeguards such as:

• Naming multiple agents to act jointly
• Naming multiple agents to be responsible for particular decisions
• Naming a successor agent in case your initial agent passes away or otherwise can’t perform the responsibilities you’ve granted them
• Requiring the agent to approve decisions with a trusted probate attorney or accountant

How to set up a power of attorney

A POA is available in every state, but the requirements for creating and maintaining one will vary depending on where you live. Below is a step-by-step guide to help you navigate the POA process.

Step 1: Select an agent

Selecting an agent, also known as an attorney-in-fact, is one of the most essential steps in setting up a POA. This person will be responsible for making important decisions in your life when you no longer can, so you have to trust they’ll act in your best interest and carry out your wishes faithfully.

Many people choose a family member as their agent, but that’s not always the best choice depending on your circumstances. If you don’t want to risk starting disputes among family members, you can name an honest, longtime friend as your agent.

If you want an agent who is completely neutral, familiar with fiduciary relationships, and especially skilled at managing someone else’s affairs, you can name a trusted professional as your agent for a fee. Attorneys and accountants are common choices for POA agents due to their expertise in handling complex affairs. For example, you might benefit from having a financial POA that names an accountant as the agent if you’re receiving IRS notices for an incomplete tax return or “failure to pay.”

Here are some characteristics you should look for in your agent:

• Trustworthiness. Your agent should be someone you trust to do what’s best for you and your assets.
• Attention to detail. Your agent should be meticulously organized so they can accurately manage your affairs.
• Availability. Your agent should be capable of taking on the management of another person’s finances (e.g., paying monthly bills on time) without being overwhelmed.
• Assertiveness. Your agent should be willing to make the final decision on an important matter in your best interest, even if the decision upsets someone else.

Step 2: Discuss expectations and responsibilities with your agent

Once you’ve chosen the person you want to manage your affairs, you need to make sure they’re up for the job. This is vital to ensure your agent will make decisions that meet your expectations.

Be sure to discuss in this meeting:

• What a power of attorney document is
• The responsibilities they would have as your agent
• The time commitment required
• What you want them to keep in mind when making decisions for you
• Whether they think they can fulfill their duties while grieving
• Whether they’re comfortable making final decisions on disputed matters
• Whether they consent to being your agent
• Any other questions or concerns they may have

Step 3: Choose the right type of power of attorney

Not all POAs achieve the same outcome. You’ll want to choose the right type of POA based on your needs. To do this, you’ll need to make a duration distinction and a scope distinction.

Distinguish by duration

First, decide when you want your POA to go into effect:

• Want it to be permanently effective from the moment you sign it ? Create a durable POA.
• Want it to be effective for only a limited period of time ? Create a non-durable POA.
• Want it to not go into effect until you’re declared incapacitated ? Create a springing POA.

Distinguish by scope of authority

Next, determine the scope of your agent’s authority:

• Want an agent to have authority over anything you’d normally have authority over ? Create a general POA.
• Want an agent to manage only your health care decisions ? Create a medical POA.
• Want an agent to manage only your finances ? Create a financial POA.

Once you’ve decided on the duration and scope of the authority you’ll be delegating to your agent, you can choose the type of POA you want using Table 1 below.

For example, if you want to delegate all your decision-making authority while you’re out of the country for one year to a POA , you’ll need a non-durable general POA. If you want a POA to have authority over your financial decisions if you ever become incapacitated, you’ll need a springing financial POA. Or, if you want a POA that goes into effect immediately and gives authority over any medical decisions for the rest of your life, you’ll need a durable medical POA.

Combining these two distinctions, scope and duration, will give your agent helpful information regarding their powers.

Table 1 POA classifications

Step 4: Draft the document

When it comes to drafting the POA document, you have some options. You have free options, such as finding free templates online , but you’ll have to input all the required information into a website without any guidance. This runs the risk of you incorrectly filling out the form and not creating the POA you intended to create.

If you want to ensure your POA does exactly what you want it to do, you can purchase an online service to create your POA for you. These services, such as LegalZoom , typically cost around $35–$45. All you’ll have to do is answer a simple questionnaire, which should take around 10–15 minutes to complete.

To answer the questionnaire, you’ll need the contact information for you and your agent (including name, phone number, address, etc.). The rest of the questions will be about what you want your POA to accomplish. Once you’ve finished the questionnaire, the service will generate a completed POA for you to print. If you don’t have a printer, you can usually use one at a local library or school. Some business centers (like UPS or FedEx) will provide printing services as well. Or, you can ask a friend or family member to print it out for you

The most expensive option is hiring a probate attorney to draft your POA. A probate attorney is a type of lawyer specializing in wills, trusts, and estate planning. Probate attorneys will typically charge a flat fee of around $200 to draft a POA for someone. So, unless you plan to have a highly complicated POA, hiring an attorney to draft the document is usually unnecessary since there are more affordable options.

Regardless of the method you choose, or which state you live in, your POA document should include the following:

• The type of POA it is
• The date you created the POA
• The start date and expiration date (if applicable)
• The agent’s name
• The scope of the agent’s authority
• A clause detailing your wishes

Step 5: Execute the document

Executing a document means to make it valid and legally binding. The exact requirements for executing a POA will depend on your state’s laws.

The document should be signed by both you and your agent, showing you consent to allowing your agent to make decisions on your behalf and the agent consents to taking on the duties of making such decisions. Depending on the state you live in, you and your agent may need to sign the document in front of witnesses or a notary public for it to be valid. The requirements for each state are listed below:

Table 2 POA signature requirements by state

Source: American College of Trust and Estate Counsel . 4

Step 6: Maintain and update the document as needed

Once your POA is legally binding, you will need to stow it away for safekeeping. We recommend you keep the original in a fireproof lockbox at home (like this one for $30) or a safe deposit box at the bank where you, your agent, and your loved ones can access the document if you ever need to update it or refer back to it. It’s also a good idea you make copies of the document and share them with your agent, your attorney, and anyone else you think should have access to it.

Distinguishing different POAs

Powers of attorney are distinguished by both the duration they’re effective and the scope of authority that’s being granted. The duration distinctions are: durable, non-durable, and springing. The scope distinctions can either be general or limited. Limited POAs can be further classified based on what the scope is limited to. For example, a medical POA is a type of limited POA that only delegates authority over medical decisions. Or, a financial POA is a type of limited POA that only delegates authority over financial decisions. Each type can be useful depending on your needs.

Duration distinctions

You can classify a POA based on the duration of its effectiveness. In other words, the duration distinction will tell you when an agent has authority, and when the agent’s authority ends. All POA’s expire upon the principal’s death, but some POA’s will expire sooner. Similarly, while some POAs delegate authority to the agent immediately, others may not go into effect until something happens.

Durable POA

A durable POA becomes effective the moment it’s signed and will remain effective even after you’ve been declared incapacitated.

Example: Abe was recently diagnosed with an incurable brain disease. Abe got a general durable POA to appoint his wife, Carol, to manage his finances while he’s being treated in the hospital. One day, Abe’s health takes a turn for the worse and he slips into a coma—rendering him legally incapacitated. Since Abe’s POA is durable, Carol can continue acting on Abe’s behalf.

Non-durable POA

A non-durable POA will allow you to delegate decision-making responsibility to an agent for a limited period of time. You can specify the point at which your non-durable POA ceases to be effective in the document. It may be when you die, at the end of a time limit, at the occurrence of an event, or even just when you decide to revoke the privilege.

Example: Abe is a business owner who needs to leave the country for six months. Abe can create a non-durable financial POA to appoint Bob with the authority to make decisions on behalf of the company while Abe is away. Once Abe returns, the POA will expire. Abe can resume running his business, and Bob will no longer have any authority over the company.

Springing POA

A springing POA won’t be legally effective until an event specified in the document occurs—usually when someone is declared mentally incompetent or physically disabled. Think of it like a superhero who springs into action when you’re either physically or mentally unable to make decisions for yourself.

Example: Abe created a springing medical POA 15 years ago that delegates his health care decisions to Bob if Abe is ever declared incompetent. Abe is injured at work one day and develops severe brain damage. The springing POA becomes legally effective on that day, and Bob (as the appointed agent) is now responsible for decisions regarding Abe’s medical care.

Scope distinctions

The other way a POA is classified is based on the scope of authority given to the agent. To put it simply, a POA will either grant general authority or limited authority to someone.

General POA

A general POA grants an agent broad authority to make any decisions or take any legal actions on behalf of the principal.

Example: Abe has a general springing POA that names his wife, Carol, as his agent if he were to become incapacitated. So, if Abe gets injured and develops severe brain damage, Carol will have the authority to decide both how Abe is to be cared for and how his finances will be managed.

Limited POA

You can use a limited POA to restrict the scope of your agents to certain types of affairs. Most often, this is seen as either a medical POA or a financial POA. This allows you to split the responsibility over your affairs among multiple agents based on their strengths.

Example: Abe has two kids, Debbie and Eric. Debbie is a doctor, and Eric is an accountant. Rather than appointing Debbie as his sole agent and risk upsetting Eric, Abe could have two limited POAs. He can set up a medical POA delegating his health care decisions to Debbie and a financial POA delegating his financial decisions to Eric.

Medical POA

A medical POA, also known as a health care power of attorney, is a limited power of attorney that appoints an agent to make health care decisions on your behalf.

The duties of the agent of a medical POA can include:

• General medical care decisions (e.g., elective surgeries, treatments, etc.)
• Your insurance providers
• Which long-term care facilities you’ll be placed in
• Withdrawal from life-saving measures
• End of life care options
• Donation of organs
• Authorization for autopsy

Financial POA

A financial POA is another type of limited power of attorney that grants an agent authority over your financial matters.

The duties of the agent of a financial POA can include:

• Paying bills
• Opening and closing bank accounts
• Managing investment portfolios
• Engaging in financial transactions

Additional free or affordable estate planning resources

Learning about estate planning tools like the power of attorney can be intimidating, but it’s an important part of safeguarding your affairs. For more resources on how to begin preparing for your future, check out NCOA’s Age Well Planner . If you’re taking care of a loved one, read our advice about managing someone else’s legal, financial and medical decisions. And be aware of estate recovery , how it works, and how it can affect your or a loved one.

There are plenty of resources offering affordable legal aid . There are also non-profit organizations, such as the Veteran Legal Institute , that will provide free legal assistance to current and former service members.

Important terms to know

As you learn how to create a power of attorney, it may be helpful to know what certain legal terms mean:

• The agent , also known as the “attorney-in-fact,” is the person appointed to make decisions on another’s behalf.
• The principal is the person who delegates decision-making authority to someone else.
• An estate is all the assets, including real estate and personal property, that someone owns at the time of their death.
• Authority is legal permission to act on another’s behalf. A power of attorney allows you to grant someone else legal permission to act for you if you’re ever unable to make decisions on your own.
• Execution , in the legal sense, means signing something to make it legally binding. To make a power of attorney official, it must be signed by the principal, the agent, and witnesses. This is done to prove the document’s authenticity and accuracy.

The bottom line

A power of attorney is an important part of any estate plan. It allows you to appoint someone—who you trust will honor your wishes—to make decisions on your behalf.

When creating your POA, you’ll choose when your agent’s authority begins and ends, and what the agent has authority over. You can create a POA that delegates authority over your finances, your health care, or both. You can have a POA that becomes effective immediately, one that doesn’t take effect until you’re declared incapacitated, or one that’s only effective for a predetermined amount of time. It all depends on what’s best for your situation.

If you’re ready to create your POA, you can use an online service to generate the document for you. This way, you don’t have to worry about writing out the document yourself or paying expensive attorney’s fees. Once the document’s been created and executed according to your state’s requirements, keep it safe with your other important life planning documents.

Frequently asked questions

A power of attorney is a legal document, not a person, that grants power to an agent. The person being granted the powers of attorney is referred to as an agent or attorney-in-fact.

You can technically name anyone who is at least 18 years old and of sound mind as your agent, but a POA grants a lot of power to the agent, so make sure you choose someone who is responsible, organized, and trustworthy.

Using an online service, such as LegalZoom, to create a POA will cost $35–$45 depending on how complex the document needs to be.

The most expensive option is using an attorney, who may charge $300 or more to draft a POA. If you’re looking for the least expensive option, you can try to do it yourself. The only cost for this method may be getting the document notarized, but you may find this process difficult if you’re unfamiliar with these types of legal documents

A durable power of attorney will expire upon the principal’s death. A non-durable power of attorney will either expire after a certain period of time or when a certain event occurs, depending on how the document was drafted.

Regardless of the type of power of attorney you have, the agent’s authority will always end if you die. Continuing to act on behalf of the principal after they’ve died is illegal, which may result in criminal charges such as embezzlement, fraud, or theft.

The main advantage of a power of attorney: it will provide you with an organized plan to manage your affairs if you’re ever unable to make your own decisions. This is an important part of estate planning because you want to trust that your health care and financial decisions are managed in accordance with your preferences.

The disadvantage of a POA: you’re entrusting a lot of power over your affairs to someone else. This can lead to them taking advantage of this authority if you don’t choose the right person. 5 Thankfully, there are safeguards you can include in your estate plan to limit any exploitation. You can also create a springing POA, so it doesn’t become effective until after you’ve been declared incompetent. This way you can continue managing your own affairs until you’re physically or mentally unable to do so.

Yes, your power of attorney must be in writing to be legally binding. Having a POA in writing makes it clear what the agent’s authority is—for example, whether they can make financial decisions, medical decisions, or a wide range of decisions on your behalf.

Although your POA won’t expire just because you moved out of state, we recommend you take this opportunity to update your entire estate plan. This will ensure your overall estate plan is tailored specifically to your new state’s laws.

Have questions about this review? Email us at [email protected]

• Consumer Financial Protection Bureau. What Is a Power of Attorney? Aug. 5, 2016. Found on the internet at https://www.consumerfinance.gov/ask-cfpb/what-is-a-power-of-attorney-poa-en-1149/
• Legal Information Institute of Cornell Law School. Definition of incapacity. June 2022. Found on the internet at https://www.law.cornell.edu/wex/incapacity
• Lori A. Stiegel, JD. Durable Power of Attorney Abuse: It’s a Crime Too. National Center on Elder Abuse. 2008. Found on the internet at https://ncea.acl.gov/NCEA/media/docs/Durable-PofA-Abuse-FactSheet-Criminal-Justice-Professionals.pd
• W. Birch Douglass III, et. al. 50 State (Plus D.C.) Survey of Powers of Attorney. American College of Trust and Estate Counsel. August 2019. Found on the internet at https://www.actec.org/assets/1/6/Douglass_Powers_of_Attorney_Survey.pdf?hssc=1
• Department of Justice Elder Justice Initiative. Identifying and Prosecuting Power of Attorney Abuse Nov. 18, 2021. Found on the internet at https://www.justice.gov/file/1453376/download

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To Save Conservatism From Itself, I Am Voting for Harris

By David French

Opinion Columnist

I believe life begins at conception. If I lived in Florida, I would support the state’s heartbeat bill and vote against the referendum seeking to liberalize Florida’s abortion laws. I supported the Dobbs decision and I support well-drafted abortion restrictions at the state and federal levels. I was a pro-life lawyer who worked for pro-life legal organizations. While I want prospective parents to be able to use I.V.F. to build their families, I do not believe that unused embryos should simply be discarded — thrown away as no longer useful.

But I’m going to vote for Kamala Harris in 2024 and — ironically enough — I’m doing it in part to try to save conservatism.

Here’s what I mean.

Since the day Donald Trump came down that escalator in 2015, the MAGA movement has been engaged in a long-running, slow-rolling ideological and characterological transformation of the Republican Party. At each step, it has pushed Republicans further and further away from Reaganite conservatism. It has divorced Republican voters from any major consideration of character in leadership and all the while it has labeled people who resisted the change as “traitors.”

What allegiance do you owe a party, a movement or a politician when it or they fundamentally change their ideology and ethos?

Let’s take an assertion that should be uncontroversial, especially to a party that often envisions itself as a home for people of faith: Lying is wrong. I’m not naïve; I know that politicians have had poor reputations for honesty since Athens. But I have never seen a human being lie with the intensity and sheer volume of Donald Trump .

Even worse, Trump’s lies are contagious. The legal results speak for themselves. A cascade of successful defamation lawsuits demonstrate the severity and pervasiveness of Republican dishonesty. Fox paid an enormous settlement related to its hosts’ relentless falsehoods during Trump’s effort to steal the election. Rudy Giuliani owes two Georgia election workers $148 million for his gross lies about their conduct while counting votes. Salem Media Group apologized to a Georgia voter who was falsely accused of voter fraud and halted distribution of Dinesh D’Souza’s fantastical “documentary” of election fraud, “2,000 Mules.”

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Who is Kamala Harris' father? Economist Donald Harris absent from the DNC

Vice President Kamala Harris  spoke at length about her mother, Shyamala Gopalan Harris, during her speech on the final day of the  2024 Democratic National Convention  where she  formally accepted  the Democratic nomination for president.

She explained how  her mother , a “five-foot-tall brown woman with an accent” who came to the U.S. from India at age 19, taught her and her sister, Maya, to “do something” about injustice.

Harris also mentioned her father, Donald Harris,  in her speech , recalling pleasant early childhood memories.

“At the park, my mother would say, “Stay close.” But my father would say, as he smiled, “Run, Kamala, run. Don’t be afraid. Don’t let anything stop you.” From my earliest years, he taught me to be fearless,” she said.

But when Harris was in elementary school, she said, her parents split up.

“It was mostly my mother who raised us,” she said.

According to  Harris’ 2019 memoir , Donald Harris continued to see his daughters during the weekend and summer.

Who is Donald Harris, Kamala Harris’ father?

Donald Harris is a post-keynesian economist  who has written on Marxist theory. He is a retired  Stanford University  professor who has served as an economic advisor to his home country of Jamaica. He also taught at the University of Wisconsin-Madison.

In her speech, Harris described her father as a “student from Jamaica” when he and her mother met.

Born in Jamaica, Donald Harris immigrated to the US to complete a doctorate degree at the University of California, Berkeley. That’s where he met Shyamala, who was pursuing  a degree in biochemistry  there.

Was Kamala Harris’ father at the DNC?

Donald is Harris’ only living parent. Shyamala died of colon cancer in 2009.

But he was absent from the Democratic convention this week, as he has largely been from his daughter’s political life in general. He hasn’t weighed in on her political career since 2019, when he criticized a comment she made about whether she’s smoked marijuana before.

“Half my family’s from Jamaica. Are you kidding me?” Harris had said.

Donald Harris responded  in a statement to Jamaica Global Online, saying that his grandmothers and parents “must be turning in their grave right now” to see their Jamaican identity being connected to “the fraudulent stereotype of a pot-smoking joy seeker.”

Harris’ campaign did not issue a response at the time.

Doug Emhoff, Maya Harris; Kamala Harris' family at the DNC

While Donald Harris didn't appear at the Democratic convention, many other members of Harris' family were there.

They included her husband, Second Gentleman Doug Emhoff , her sister Maya Harris , her stepchildren Ella and Cole Emhoff , and nieces and nephews Meena Harris, Alexander Hudlin, Jasper Emhoff, and Arden Emhoff.

Maia Pandey of the Milwaukee Journal Sentinel contributed to this report.

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DHS Implements Keeping Families Together

WASHINGTON —The Department of Homeland Security today announced a  Federal Register notice to implement Keeping Families Together, a process for certain noncitizen spouses and stepchildren of U.S. citizens. This is part of an effort to promote the unity and stability of families, increase the economic prosperity of American communities, strengthen diplomatic relationships with partner countries in the region, reduce strain on limited U.S. government resources, and further national security, public safety, and border security objectives.

“Too often, noncitizen spouses of U.S. citizens – many of them mothers and fathers – live with uncertainty due to undue barriers in our immigration system.” said Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services. “This process to keep U.S. families together will remove these undue barriers for those who would otherwise qualify to live and work lawfully in the U.S., while also creating greater efficiencies in the immigration system, conducting effective screening and vetting, and focusing on noncitizens who contribute to and have longstanding connections within American communities across the country.”

USCIS will immediately begin accepting requests from eligible individuals for this process on Aug. 19, 2024. Individuals must file  Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens , online after creating a myUSCIS account. The filing fee is $580. Fee waiver requests for Form I-131F will not be accepted.

In order to be eligible for consideration, noncitizen spouses of U.S. citizens must:

• Be present in the United States without admission or parole;
• Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
• Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
• Submit biometrics and undergo required background checks and national security and public safety vetting.

Noncitizen stepchildren of U.S. citizens must:

• Have been under the age of 21 and unmarried on June 17, 2024;
• Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
• Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before their 18th birthday;

USCIS is committed to program integrity and protection against fraud. Using existing training and practices to identify fraudulent evidence, USCIS will be reviewing submitted evidence supporting the existence of a legally valid marriage. In its consideration of the Form I-131F, USCIS will employ rigorous procedures to detect potential fraud concerns, ensuring that potentially fraudulent marriages will not serve as the basis for a grant of adjustment of status following access to this process.

DHS estimates that 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of U.S. citizens may meet these eligibility criteria. If granted parole, these noncitizen spouses and noncitizen stepchildren of U.S. citizens, if otherwise eligible, could apply for lawful permanent residence without leaving the country.

Keeping Families Together is consistent with longstanding, congressionally supported policies, including a similar process for family members of certain U.S. military personnel and veterans.

USCIS has published additional information on eligibility criteria, the application process, examples of the types of evidence noncitizens must submit to establish eligibility; how to create an online account and file Form I-131F online; and how to avoid scams in this process. You can find more information on the  Keeping Families Together page.

For more information on USCIS and its programs, please visit  uscis.gov  or follow us on   X (formerly Twitter) Instagram , YouTube , Facebook , and LinkedIn .

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Top Hollywood Donors Already Writing Checks, “Excited & Motivated” For Kamala Harris After Joe Biden’s Exit

By Dominic Patten , Ted Johnson

EXCLUSIVE: After weeks of withholding money in the aftermath of Joe Biden ’s June 27 debate debacle, top Hollywood donors are already breaking out their checkbooks on the news Sunday that Biden has dropped out of the race and endorsed Vice President Kamala Harris .

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Joe Biden Drops Out Of 2024 Presidential Race, Endorses Kamala Harris

Kamala Harris Says She Intends “To Earn And Win This Nomination” Following Joe Biden’s Exit From 2024 Race

In her bid for the nomination, Harris today picked up support from figures such as Pennsylvania Gov. Josh Shapiro and North Carolina Gov. Roy Cooper, two Democrats who now are potential VP picks. Michigan Gov. Gretchen Whitmer praised Biden today after his announcement, but did not offer backing for Harris. However, the popular battleground-state governor has said in past weeks that she would not pursue the Dems’ nomination if POTUS took himself out of the race.

Former president Bill Clinton and 2016 nominee Hillary Clinton, as well California’s Gavin Newsom , and Transportation Secretary (and 2020 candidate) Pete Buttigieg were  also among leading Democrats coming out for Harris. The VP and Sec. Buttigieg were together on Saturday night at a Biden-Harris fundraiser in Provincetown, MA. Co-hosted by CAA board member Joe Machota and his husband Michael Russell along with Bryan Rafanelli and Tristan Schukraft, the VPTOWN event raised $2 million .

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Rep. Alexandria Ocasio-Cortez (D-NY) also lined up behind Harris on Sunday, “Kamala Harris will be the next President of the United States. I pledge my full support to ensure her victory in November,” the influential NY congresswoman wrote.

Kamala Harris will be the next President of the United States. I pledge my full support to ensure her victory in November. Now more than ever, it is crucial that our party and country swiftly unite to defeat Donald Trump and the threat to American democracy. Let’s get to work. — Alexandria Ocasio-Cortez (@AOC) July 22, 2024

That said, even as prominent Democratic figures were rallying around Harris, some donors are warning to take a breather before anointing Harris as the nominee.

“We need to take a breath, make sure we have the right candidate, not the obvious one,” said one deep-pocketed donor, who argues that there is benefit to having competition and even an open convention in Chicago next month at the Democratic National Convention.

Biden is “doing exactly to the party what Obama stupidly did in 2016, forcing on us a weak and unpopular candidate,” an industry insider says, pointing at then-President Barack Obama keeping Biden out of the race eight years ago in favor of Hillary Clinton, who went on to lose the race. “This is what Republicans do, disregard a democratic process where people make the choice.”

RELATED: Hollywood, Media And Politicians React To Joe Biden Dropping Out Of Presidential Race

As it stands, Biden’s 3,896 pledged delegates are not automatically beholden to Harris even with the president’s endorsement.

Jeffrey Katzenberg , who has taken a lead role in the campaign as Biden-Harris campaign co-chair, has yet to comment on the president’s decision and his endorsement of Harris. But a number of Hollywood supporters tell us that they intend to swell the campaign coffers ASAP.

“It’s a whole new ballgame, but we are in it to win it,” an agency executive and Democratic supporter said of the massive shift Sunday. “My phone lit up right away, so many people telling me they were going to double down with their donations,” another top supporter says.

James Costos, the former HBO executive and U.S. ambassador to Spain, remained with Biden even as other donors were calling on the president to exit the race in recent weeks. Costos was to co-host a fundraiser headlined by Biden in Laguna Beach next Friday.

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He said in a statement that with Biden’s endorsement of Harris, “they have reset the path to November.”

“I’m honored to have stood with them on this journey thus far, and I’m thankful for everyone who rallied to support them when we called in 2020 and throughout this election cycle,” Costos said. “The mission remains the same: winning the White House. From all the calls I’ve had today with supporters and donors, we are all ready to hit the ground running next week with renewed energy and commitment.”

Mathew Littman, a former Biden speechwriter who leads a group of creative professionals engaged in Democratic politics, called The Working Group, said that Harris could prove to motivate the entertainment industry, including those who had been on the sidelines.

“The entertainment industry will definitely get behind Kamala in the way they did not for Joe Biden,” Littman said, noting that she has stronger connections to the industry than the president did. That includes Harris’ background as California Attorney General and U.S. Senator, and the experience of her husband, Emhoff, a former entertainment attorney.

“I think people are going to be very excited to help Kamala,” he said.

Littman, however, was skeptical of the idea of an open convention, noting that it was so “late in the game” and that many Democratic pols would choose not to mount a bid against the vice president. He said that his group “will do whatever we are asked to do” in the fall election.

In fact, as party insiders tell us of a “flood” of donations coming in, both Biden and Harris have been working the phones Sunday talking to donors, members of Congress and governors.

It looks like the cash is coming in fast since Biden’s move early Sunday.

To that, the nonprofit fundraising platform ActBlue dropped news this evening that should be a distinct warning for the 78-year-old Trump and his running mate Sen. J.D. Vance (R-OH):

NEW: Small-dollar donors raise over $27.5 million on ActBlue in the first 5 hours of Vice President Kamala Harris' presidential campaign. Grassroots supporters are energized and excited to support her as the Democratic nominee. — ActBlue (@actblue) July 21, 2024

Recovering from Covid as calls for him to not seek reelection continued to grow among deep-pocketed donors and leading lawmakers, Biden suddenly said earlier today that he was out of the race. “While it has been my intention to seek re-election, I believe it is in the best interest of my party and the country for me to stand down and to focus solely on fulfilling my duties as President for the remainder of my term,” Biden said as polls almost universally had him behind Donald Trump .

On the Hollywood front, Damon Lindelof was the first top Democratic donor to publicly call for his fellow 1%ers to stop writing checks to the Biden-Harris campaign and down ballot races after the president’s stumbling and sometimes vacant face-to-face CNN match-up with Donald Trump. Today, the multiple Emmy winner publicly praised Biden’s decision and declared ““the DEMBARGO is lifted.” Lindelof also said he “will fully support whoever can catalyze passion and engagement across our country… our ENTIRE country, no caveats.”

Rob Reiner, who along with the likes of fellow big donors Abigail Disney and George Clooney begged Biden to step aside, took to social media today also to praise Biden. Reiner recently hosted Harris at his home for a fundraiser for the Biden-Harris campaign.

Joe Biden is a man of the highest character. He has tirelessly and effectively served US for over 50 years. He has shown what real leadership is all about. Selfless with a deep respect for our Constitution and the Rule of Law. Thank you, Joe. Now let’s kick the Criminal’s ass. — Rob Reiner (@robreiner) July 21, 2024

Donna Bojarsky, a Hollywood political consultant, said, “I think there is going to be a lot of excitement about Harris now. I think people have flipped their opinions, and see the possibilities of what we have with her. Now I believe people are going to open their pocketbooks, and say that it is time to support her.”

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