Making a Will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out after you pass away. Yet people put off making a Will as they feel they are ‘too young’, don’t yet have assets to pass on, or feel that making a Will is simple and ‘one size fits all’.
In reality, there are different types of Wills, each designed for different personal, family and financial circumstances. Choosing the right type of Will can make a significant difference to how your estate is managed, how your beneficiaries are protected, and how efficiently your affairs are handled.
This guide explains the main types of Wills, who they are suitable for, and the benefits of each. It will help you understand your options so you can make an informed decision about the right Will for your current situation.
If you need support in choosing the correct Will for you, or an expertly drafted Will tailored to your circumstances, contact Eric Robinson Solicitors, and our Will Writing Solicitors can guide you.
Why having a Will is important
Without a valid Will in place, your estate will be distributed according to the Rules of Intestacy. These rules are pretty archaic and don’t take into account many more complex family situations, such as stepchildren, unmarried partners, or personal relationships outside of the family.
If your estate is distributed in this way, it may not reflect your wishes at all, and the people you wish to inherit may not be entitled to anything. If no eligible relatives can be traced, your estate can ultimately pass to the Crown as ownerless property (bona vacantia).
Writing a Will allows you to:
- Dictate who should inherit parts of your estate, and how much.
- Bequeath specific sentimental or valuable items to specific people, such as family heirlooms and jewellery.
- Decide who should look after your children, whether this be their other parent, or someone else, if both the children’s parents have passed away or are incapable. This is called appointing a ‘guardian’.
- Decide who should take responsibility for your pets.
It is also useful for tax and cost planning, asset protection and reducing the risk of disputes and claims on your estate after you pass away.
The main types of Wills
Below are the most common types of Wills used in England and Wales, along with explanations of what they are, who they are for, and why someone might choose them.
Simple Will
A simple Will is a straightforward document which explains your desired estate distribution, appoints executors to carry out your wishes, and, if applicable, covers the appointment of guardians.
It is suitable for individuals with simple or modest estates and uncomplicated family structures, who do not need complicated arrangements like ongoing trusts, business succession planning or detailed inheritance tax structures.
Mirror Will
Mirror Wills are typically made by couples, often married or in a civil partnership. Each person makes a separate Will, but the contents closely reflect each other.
A mirror Will involves couples leaving their whole estate to the other person upon the first of them dying. They also appoint the same executors and the same beneficiaries (often shared children).
A mirror Will is suitable for people with relatively straightforward estates, and those who are happy leaving the entirety of their estate to one person, and vice versa, often a partner.
Trust Wills
Trust Wills are more complex and are designed to offer greater control and protection over how assets are managed and distributed. They are often used where there are concerns about beneficiaries, inheritance tax, or asset protection.
Eric Robinson Solicitors can advise on a range of trust options, including those outlined below. You can also learn more via our Trusts services page.
Discretionary Trust Wills
You name a group of potential beneficiaries and give trustees discretion over who gets what, when and on what terms, often guided by a non‑binding “letter of wishes”; useful where beneficiaries are young, vulnerable, or you want flexibility.
Property Trust Wills
Your share of a home is placed into trust, so, for example, a spouse or partner can live there for life, but your share is ultimately preserved for your chosen beneficiaries (such as children from a previous relationship).
Life Interest Trust Wills
One person (the life tenant, often a spouse/partner) has the right to income from the assets or to live in a property for life, and when they die, the capital passes to someone else (often your children). It prevents the ‘life tenant’ from inheriting the asset, but allows them to benefit from it.
Flexible Life Interest Trust Wills
A flexible life interest trust allows trustees to adapt how the trust operates as circumstances change.
Living Wills
A living Will is different to a ‘Last Will and Testament’ in that it deals with medical decisions, not asset distribution or guardian appointment. It allows someone to decide what medical treatments they are willing to have, and any that they are not. Making a Living Will when they have capacity ensures that if they are in a situation where they cannot communicate their wishes, like being unconscious, medical professionals still know what they want.
How do I choose the right Will for me?
Choosing the right Will depends on your personal and financial circumstances. Key factors to consider include:
- Are you single, married, or in a civil partnership?
- Do you have children, stepchildren or dependants?
- Is this your first marriage or a second family situation?
- Do you own property, savings or business assets?
- Do you want to protect assets for future generations?
- Are there potential inheritance tax considerations?
- Because these factors can change over time, professional advice ensures your Will reflects both your current needs and future intentions.
These factors will change over time, and so will the requirements of your Will. Getting professional Will-writing advice will ensure that your Will covers your current needs and any planned changes, though creating a new Will or adding a codicil (see below) when major changes occur is also recommended.
What if I already have a Will?
If you already have a Will, it’s important to review it regularly. A Will should be updated whenever major life events occur, such as:
- Marriage or divorce
- Birth of children or grandchildren
- Buying or selling property
- Significant changes in financial circumstances
An outdated Will can cause confusion and may not achieve what you intended.
The importance of a codicil
In situations where only minor changes are needed to an existing Will, and there isn’t enough change to justify an entirely new Will, a codicil may be needed.
A codicil allows you to amend specific parts of the Will and leaves the rest unchanged. This means you don’t need to rewrite the whole Will. These changes can include swapping an executor, adding a small gift, or updating a name and address. If you want to make big changes (for example, who gets most of your estate, your main beneficiaries, or adding complex trusts), lawyers usually recommend making a new Will instead to avoid confusion or disputes.
To be valid, a codicil has to be witnessed and signed like a Will, and refer to your original Will.
How can Eric Robinson help?
Understanding the different types of Wills is the first step towards creating one. It is important to explore the different options available and create a Will as soon as you have assets or property, and especially if you have children. A Will provides you and your loved ones with peace of mind that your wishes will be carried out when you pass away, and the people you care about will be taken care of.
At Eric Robinson Solicitors, our experienced team offers clear, practical advice and professionally written Wills that reflect your wishes now and in the future.
Get in contact with your local office today to speak to our experienced Will Writing solicitors.
We have solicitor offices in:
- Southampton
- Hedge End
- Chandlers Ford
- Winchester
- Lymington
- Shoreham-by-Sea
- Marlborough
- Richmond Upon Thames
