FAQ - wiseowlwills.com

Frequently Asked Questions

Find answers to common questions about will writing, costs, timelines, and estate planning. We’re here to help you make informed decisions.

At Wise Owl Wills, a simple Will can be drafted for a fixed fee of £130 plus VAT. We also offer a special deal for couples, allowing them to have two simple Wills written for a combined cost of £200 plus VAT. When you can have your will written for such an affordable and cost-effective price, why consider any other option?

How much will a solicitor charge to draft a Will?

According to the Legal Services Board*, the fees charged by solicitors to draft a simple will have ranged between £150 and £1000 plus VAT, with the average firm charging in the region of £250 plus VAT for their service. The same data suggests that the average cost for a more complex Will is in the area of £500, with some even costing more than £2000 plus VAT.

*Source = Legal Services Board, “Prices of Individual Consumer Legal Services in England and Wales 2024” (Report v 5.1) June 2025.

Why is it so expensive for a solicitor to draft a Will?

Whilst some solicitors charge a fixed fee for drafting a will, many charge an hourly rate instead. The fee charged to you reflects the time spent by the solicitor in considering and dealing with your issues. In many instances, the clock starts to run from the time the solicitor fields your initial query, and they might even charge for the administrative actions in opening your file. This means fees may already have been charged even before the solicitor meets with you for the first time to take instructions for your will.

Charging an hourly rate also means that your bill will increase every time the solicitor works on your matter. The more complex your needs, the more work must be done and the higher the fee that is charged.

Solicitors will justify this due to the high expense of running their practice. Year on year, they have to pay for expensive commercial premises, eye-watering professional indemnity insurance premiums, and, not to mention, the salaries of all the staff they employ. Charging cheaper fees may prevent them from covering their “overheads”.

Given these financial pressures, it makes you wonder how some solicitors can offer cheaper fixed fees. Are they cutting corners because they can’t afford to spend too much time on a fixed-fee matter?

What about will-writing businesses?

Many will-writing businesses are able to charge considerably less than a solicitor for writing your will. The cost of running their businesses tends not to be as expensive, allowing them to offer more competitive prices for their services.

However, be cautious of the services offered by some of these businesses. Whilst some will still provide you with a professionally drafted and bespoke will, others may only be willing to provide a “cut and paste” document that might not be tailored to your specific needs. Worse still, some invite you to submit questionnaires or complete online forms so an automated system can produce a document for you.

Get a professionally drafted will for a competitive fixed price.

At Wise Owl Wills, we ensure that your will is drafted to reflect your specific needs, without incurring expensive hourly rates. Our fixed fee charges are as follows.

Single Will £130.00*

Mirror Wills for couples £200.00*

Detailed Will with basic Trust £200.00*

Detailed Mirror Wills for couples with basic Trust £300.00*

Family Asset Trust £500.00*

Codicil (to amend an existing Will) £50.00*

Deed of Variation £100.00*

*Prices exclude VAT

Looking for extra peace of mind? We also offer optional additional services:

Letter of wishes £20.00*

Notice of severance £20.00*

Secure storage of your signed Will £50.00*

Digital storage of your signed Will £20.00*

*Prices exclude VAT

If you have ever wondered How long does it take to write a will, you are definitely not alone. Many people assume the process of writing a last will and testament is lengthy and costly – but it doesn’t have to be that way.

At Wise Owl Wills, our online will writing service is designed for simplicity, speed and affordability. With our cost-effective will-writing solutions, a typical appointment takes as little as 20 minutes and rarely exceeds 1 hour.

Here’s how our streamlined will-writing service works:

You book a telephone or online appointment with one of our will writers. We will discuss your intentions and concerns, then advise on the most affordable, efficient will structure to meet your needs.
After our consultation, we’ll send you a written summary of your instructions. Once you confirm everything, we’ll draft your document. You’ll typically receive your completed will within 10 working days.
All that remains is for you to sign and have your last will and testament properly witnessed — under your control and in your time.
If you need your will more urgently, tell us when booking. For a modest additional fee, we’ll aim to deliver your document within two working days.

Why is our will-writing service so fast and affordable?

We’ve refined our process to focus on the essentials, eliminating unnecessary delays or cost-inflating steps. Thanks to our efficient approach, creating a reliable, legally valid will becomes both quick and cost-effective.

What can delay the will-writing process?

While most wills are written smoothly and rapidly, sometimes the process takes longer. Common causes include:

Indecision on your part about key choices.
Not having the relevant information ready ahead of the appointment (for example, executors’ and beneficiaries’ details; assets list).
Frequent changes of mind about how you wish to distribute your estate.
Disagreements among your loved ones that influence your decisions.
A complex estate that includes foreign assets, business interests, blended families or intricate trusts.

Even in these situations, our online will writing service is still an excellent choice: we’ll guide you through the process and help streamline it. If you come to your initial consultation prepared (with beneficiaries, executors, asset info, etc.), you’ll speed things up considerably.

Contact us today

Don’t delay having your will written. Writing a last will and testament is a crucial step in protecting your loved ones and ensuring that your wishes are respected and fulfilled. With our affordable will-writing service, the process is quicker and more straightforward than you might think.

Book your initial consultation today. It’s faster, simpler and more cost-effective than you expect.

Many people put off writing a will, or choose not to make a will at all, because they believe that their loved ones will “automatically” inherit. Unfortunately, this is not always the case.

If you die without a will, your estate will be divided according to the rules of intestacy – a set of laws that stipulates who gets what. This means that you do not get to decide who inherits your property, savings, and possessions.

At Wise Owl Wills, we help people take control of their futures with an affordable, cost-effective will-writing service. Here’s what you need to know about dying without a will and how making your last will and testament can protect your loved ones.

What Does “Dying Without a Will” Mean?

If you pass away without a valid Will, you are said to have died intestate. The laws of intestacy will then automatically apply and dictate how your assets are distributed.

This system does not take into account your personal relationships or wishes. For example, an unmarried partner or stepchild who you love dearly may not receive anything at all – no matter how long you’ve lived together or supported them.

Who Inherits If You Die Without a Will?

Under the intestacy rules in England and Wales:

Only married or civil partners inherit automatically.
Unmarried partners and cohabitees have no legal right to your estate.
If you have a spouse or civil partner and children, your partner receives the first £322,000 of your estate, plus half of the remainder. The other half is divided equally between your children.
If you have no spouse or children, your estate passes to other relatives in a fixed legal order: parents, siblings, nieces and nephews, and so on.
This can leave partners, step-children, or close friends completely excluded—often creating stress and heartbreak for the people you care about most.

Why It’s Important to Make a Will

Creating your last will and testament is the only way to ensure your estate is distributed according to your personal wishes. Without a will: –

You do not control who inherits your assets.
You cannot appoint guardians for your children – something every parent should plan for.
You can’t make personal gifts or charitable donations.
Your estate may take longer to administer, adding cost and delay.
Family disputes are more likely, especially if someone needs to challenge the estate to receive fair provision.
You miss opportunities to reduce inheritance tax, as wills allow for necessary tax-planning measures.

A will gives you certainty, clarity, and peace of mind – thus protecting both your estate and your loved ones.

How to Avoid the Risks of Dying Without a Will

The good news is that writing a will does not have to be complicated or expensive. At Wise Owl Wills, we offer a professional and affordable will-writing service designed to simplify the process and make it stress-free

We will help you create a cost-effective will tailored to your specific circumstances and ensure it is legally valid.

Take Control of Your Future Today. Don’t leave your estate to chance or to the laws of intestacy. Writing a will is one of the simplest and most caring things you can do for your loved ones.

Protect your family
Avoid legal complications
Ensure your wishes are respected

Contact Wise Owl Wills today to discuss your options or start your last will and testament with our affordable will-writing experts.

An executor is a person appointed by your will to administer your estate and distribute it to your chosen beneficiaries.

It is advisable to select two or more people who: –

Agree to act as your executors.
Are financially sound.
Are likely to survive you by several years.
If they are to act together, they should be capable of getting along and cooperating.

Do I need an executor?

The simple answer is “yes”.

Your estate cannot be administered without one. If you do not appoint an executor under the terms of your will, then the courts will have to appoint one instead. This can cause delays and expense to the administration of your estate.

How many executors should I have?

You can have as many executors as you like. There is no limit to the number of executors that you can appoint. However, restraint is recommended because, when the time comes to administer your estate, the Probate Registry will only allow up to a maximum of 4 executors to be officially appointed. Any remaining executors will not be able to act unless one of the appointed four people either dies or ceases to be an executor of your estate.

You should appoint at least one executor to administer your estate. If your will fails to nominate an executor, different rules will apply. Either a named beneficiary will have to apply for a grant, or else the rules of intestacy will dictate who must administer your estate. The person or persons appointed may not be your preferred choices.

However, if you only appoint one executor, difficulties will be caused if that person dies before you, or is otherwise unable or unwilling to carry out their duties. It is therefore wise to have at least one other person in reserve just in case your original choice does not work out. Sadly, it is a common occurrence where a will-maker appoints their spouse or civil partner as the sole executor of the estate, but then a subsequent divorce or annulment revokes the appointment, leaving no reserve choice to administer the estate.

If you have more than one executor, the actions of one are deemed to be done in the name of all appointed executors. However, when dealing with real property, such as your home, all appointed executors must concur.

It is therefore a good idea to appoint people who will be prepared to cooperate. It can cause considerable delays – and might even reduce the value of your estate – if your executors cannot agree and refuse to cooperate reasonably whilst administering your estate. Knowingly appointing people who you know cannot see “eye to eye” with one another may well be asking for trouble.

Who can be an executor?

An executor must be over 18 years of age, be of sound mind, and be capable of undertaking the tasks involved in administering your estate.

A person who is under the age of 18 cannot be an executor. If a child is appointed as executor by the terms of a will, then a grant of probate will actually be issued to an adult “for the use and benefit of the child” until that child reaches their 18th birthday.

If an executor lacks the mental capacity to perform his duties, then one of two things may occur. The individual may be overlooked, especially if other executors can be appointed. In the alternative, a grant could be issued to somebody else “for the use and benefit” of the executor who lacks capacity. If a person’s capacity may be an issue, it is safer to appoint an alternative person who will be able to administer your estate in accordance with your wishes.

You should also account for the financial solvency of your chosen executors. Whilst a bankrupt person can be the executor of an estate, it is not necessarily advisable for them to be appointed. Your beneficiaries may have concerns about the bankrupt executor’s ability to deal with the estate, and issues may arise when it comes to selling your property.

It is commonplace to appoint a close family member or friend to be the executor of the estate. However, you should always ask them in advance of appointing them, because they may not actually wish to undertake the task. The duties imposed upon them may be onerous, and this is often a cause for chosen executors to renounce their office instead of obtaining the grant. This usually leads to someone else – who you may not approve of – actually being appointed to administer your estate.

Many people prefer to appoint a solicitor or accountant to serve as the executor. This should ensure that the estate is administered competently, and it will be a good choice if your will creates any trusts that must continue to be managed after the probate process has been completed. If you choose a professional person to administer your estate, you should account for the fact that they will charge their professional fees to your estate, which may reduce the value of any bequests to your beneficiaries. This is especially true when considering estates of modest size.

Can a beneficiary be an executor?

There are no rules against a beneficiary being the executor of your estate.

It is pretty common for a will-maker to appoint the primary beneficiary of the estate as an executor as well.

Can I make a gift to an executor?

It is perfectly OK to make a gift to an executor.

As has been stated above, the executor of your estate can also be a beneficiary of your will. It is also common, when the executor is not a beneficiary of the estate, for a will-maker to provide a small gift as recompense for the time and trouble the executor will have to go through to administer your estate.

How Do I Make Changes to My Will?

Life rarely stays the same, and your last will and testament should reflect your current wishes and circumstances. Many people ask, “What should I do if my circumstances change?” or “Do I need a new will?”

Whether you have welcomed a new family member, bought property, or simply changed your mind about how you want your estate to be distributed, it is essential to update your will properly. The good news is that this can be easily accomplished with the proper guidance.

At Wise Owl Wills, we make amending a will straightforward, affordable, and stress-free.

Can I Amend My Existing Will?

Suppose you only want to make minor updates, such as changing your executor, adding or removing a beneficiary, or correcting a minor detail. In that case, you may not need to start from scratch. Instead, you can use a codicil.

What Is a Codicil?

A codicil is a legal document used to make minor changes to your existing will. It’s a simple, cost-effective way to keep your will up to date without creating an entirely new one. A codicil can undoubtedly be made for less than the cost of writing a new Will.

To be valid, a codicil must be:

Clearly written and specific about what it changes
Signed and witnessed in the same way as your original will

Typical uses for a codicil include:

Changing the person who will act as your executor
Adding or removing a beneficiary
Updating small gifts or correcting errors

Our affordable will-writing service can help you draft a clear and legally valid codicil that reflects your new wishes.

When Should I Make a New Will instead?

Sometimes, your circumstances may have changed so significantly that a codicil isn’t enough. In these cases, it’s best to write a new will.

You should create a new will if:

You have married or entered into a civil partnership (your old will may be automatically revoked by law).
You have divorced or dissolved a civil partnership (provisions for your former partner will no longer apply).
You have separated from a long-standing partner with whom you own property.
Your finances have changed significantly, such as by selling property or inheriting new assets.
You have simply decided to change how your estate is divided or who should inherit it.

When you make a new will, it should clearly state that it revokes all previous wills and codicils. It’s also best to destroy any old versions to avoid confusion later.

Our experienced team can guide you through writing a cost-effective will that accurately reflects your current situation and protects your estate for your loved ones.

Common Mistakes to Avoid When Amending a Will

It might seem tempting to cross out names or write a few notes on your existing will – but unfortunately, these handwritten changes are not usually valid.

For a change to have legal effect, it must be:

Signed by you, and
Witnessed by two independent adults at the same time

If these rules are not followed, your amendments could be ignored entirely. They will either preserve unwanted provisions or leave your estate to be handled under the laws of intestacy instead of in accordance with your wishes.

Avoid these risks – our will writing service ensures every amendment is done correctly and legally.

How We Can Help

At Wise Owl Wills, we make it simple to keep your last will and testament up to date. Whether you require a minor amendment or a comprehensive rewrite, we offer an affordable and cost-effective will-writing service tailored to your specific needs.

Your will should always reflect your life today – not the way it was years ago. Let us help you ensure that it does.

Contact Wise Owl Wills today to discuss whether you should amend your existing will or create a new will so that you can protect your loved ones, your estate, and your peace of mind.

Many people are surprised to discover how much of their estate could be lost to Inheritance Tax (IHT). It can be up to 40% of everything above the tax-free threshold. The good news is, with careful planning and a well-structured last will and testament, you can take full advantage of the allowances, exemptions, and legal tools available to reduce inheritance tax and protect more of your wealth for your loved ones.

At Wise Owl Wills, we specialise in helping individuals and families plan for the future through cost-effective will writing services that make inheritance tax mitigation simple and effective.

Smart Ways to Reduce Inheritance Tax Through Your Will

By keeping assets “in the family”, you may be able to reduce the Inheritance Tax that has to be paid. For example: –

1. Use the Spouse or Civil Partner Exemption

Anything you leave to your spouse or civil partner (who must be habitually resident in the UK) is completely exempt from inheritance tax. This not only avoids tax on the first death but also allows your surviving partner to inherit your unused tax-free allowances. This allows a couple to pass on up to £1 million tax-free to their subsequent beneficiaries after both have passed away.

2. Maximise the Nil-Rate Band (NRB)

The nil-rate band is currently £325,000 per person. With proper will planning, married couples and civil partners can transfer any unused portion to each other, doubling the total allowance to £650,000. The nil-rate band can only be passed to your spouse or civil partner.

3. Leverage the Residence Nil-Rate Band (RNRB)

If a couple ultimately leaves their main home to direct descendants such as children or grandchildren, you can benefit from an additional Residence Nil-Rate Band of up to £175,000. Combined with the basic NRB, this could allow you to pass on up to £500,000 tax-free as an individual, or up to £1 million for a couple*.

(*Note: this allowance reduces for estates worth over £2 million, making professional advice especially important.)

4. Leave Gifts to Charity

Gifts or legacies left to UK-registered charities are completely exempt from inheritance tax. Additionally, if you donate at least 10% of your estate to charity, the IHT rate on the remaining taxable portion is reduced from 40% to 36%. This can be a thoughtful way to help others while lowering your family’s tax bill.

5. Use Trusts for Inheritance Tax Mitigation

Setting up a trust within your last will and testament can help protect assets and keep them outside your beneficiaries’ estates for IHT purposes. For example, a Nil Rate Band Discretionary Trust can shelter part of your estate from tax while still providing flexibility for your loved ones.

6. Write Life Insurance “In Trust”

If you hold a life insurance policy, it can be written in trust, meaning the payout goes directly to your beneficiaries and is not included in your taxable estate. This provides tax-free funds that can help pay any remaining IHT bill, easing the financial burden on your family.

Lifetime Planning to Complement Your Will

Your will is just one part of an effective inheritance tax planning strategy. You can also take steps during your lifetime to further reduce your estate’s value for IHT purposes. For example by

Making Lifetime Gifts – In any particular year, you may give away up to £3000 on a tax-free basis. You can also make additional payments as birthday or wedding gifts. If you make financial gifts of more than £3000, they may be taken into account for IHT purposes – but only if you pass away within 7 years of making the gift.
Preserving pensions – Most pension funds are exempt from inheritance tax and can be passed on directly to your chosen beneficiaries, often tax-free.
Why Professional Advice Matters – Inheritance tax mitigation is a complex area, and small mistakes can cost your loved ones thousands of pounds. A properly drafted last will and testament can make all the difference — ensuring your estate is structured to minimise tax while reflecting your true wishes.

At Wise Owl Wills, our experienced specialists offer a cost-effective, affordable will-writing service designed to help you:

Reduce inheritance tax efficiently
Protect your assets for future generations
Gain peace of mind knowing your affairs are in order

Take Control of Your Legacy Today

Don’t leave your estate at the mercy of the taxman. With a well-prepared will and thoughtful inheritance tax planning, you can protect your wealth, support your loved ones, and leave a lasting legacy.

Contact Wise Owl Wills today to speak with one of our estate planning experts about reducing inheritance tax and securing your family’s future through our affordable will writing service.

Can a will help you protect your assets from care home fees?

It can be a brutal truth that, when the time comes for residential care, your assets – including your family home – may be assessed for care home fees. In England and Wales, if your total estate (including your home) exceeds the threshold (currently £23,250), you will usually be required to contribute towards your care until your estate falls below that amount. This can seriously erode your savings and even force the sale of the family home.

But there’s good news: with thoughtful lifetime planning, you can include provisions in your will to help preserve more of your estate for the people you care about. For example, by using your last will and testament along with a cost-effective will writing service, you can incorporate a life interest trust (sometimes called a protective property trust or care-fee trust) to help protect your home.

Here’s how it works. You make a will to leave your share of the home to your spouse or partner in the form of a life interest trust. Your spouse continues to live in the house for life, yet your share is ring-fenced so that, should your partner need care in the future, the local authority cannot include your half of the property in the assessment of means. Meanwhile, your children or other loved ones will be the ultimate beneficiaries when your spouse passes away. This approach is one of the more affordable will-writing options available.

To do it properly, you will need to ensure that your property is owned as tenants in common (rather than joint tenants). As tenants in common, you each own a defined share of the property, which means you can specify in your will who inherits your share. If the property is currently held as joint tenants, you’ll need to “sever” the joint tenancy and convert it to tenants in common. Then you can use the terms of your will to provide that your share is held in the life interest trust.

When you die, your share doesn’t go directly to your partner but into the trust. Your partner still lives at home and enjoys the benefit, but your share will be classed as being outside of their estate for means-testing purposes, helping protect more for your chosen beneficiaries.

It is important to note that this is not a guaranteed “get-out” for care home fees. Suppose the local authority considers that you have deliberately given away assets or moved property into a trust to avoid care fees. In that case, they may still treat the asset as if your partner inherited it for the purpose of “deprivation of assets” rules. It’s therefore best to plan well in advance — and engage a solicitor experienced in wills and trusts — to ensure what you do is legally sound and cost-effective.

If you are considering using a life interest trust to protect your assets from care home fees, then get in touch. At Wise Owl Wills, our experienced team of affordable will drafters will be able to assist you with what you need, bringing peace of mind to you, your partner, and your subsequent beneficiaries.

If you have a loved one who is vulnerable, disabled, or has a learning disability, you may be concerned about how best to protect their future — especially after you’re gone. It’s natural to want to leave money or property directly to them in your last will and testament, but this approach isn’t always the safest or most effective.

At Wise Owl Wills, our affordable will writing service helps families plan with compassion, care and expertise. We can guide you through creating a trust within your will — a cost-effective and secure way to safeguard your loved one’s future.

Why a direct inheritance may not be the best option

Leaving a lump-sum inheritance directly to a vulnerable or disabled person can sometimes cause problems.

Even an inheritance of as little as £6,000 can affect their entitlement to means-tested benefits and local authority support. This could result in housing or care costs being deducted from their inheritance until the funds run out.

In some cases, the person may not have the capacity to manage their finances, which can lead to the Court of Protection appointing a deputy — someone who may not be prepared to adhere to your wishes for your loved one.

Instead, many families choose to create a trust in their will, ensuring their loved ones are provided for in a safe, structured, and protected way.

How a trust can protect your loved one

A trust is a formal legal arrangement that allows you to transfer money, property or investments to trustees, who then manage these assets for the benefit of your chosen beneficiary.

By setting up a trust for a vulnerable or disabled beneficiary, you can:

Protect their entitlement to means-tested benefits and social care support
Reduce the risk of financial abuse
Ensure the money is used for their care, comfort and enjoyment
Provide ongoing financial management and stability
Control what happens to any remaining funds when your loved one passes away

Our cost-effective will-writing service makes this process simple. Arrange a telephone consultation with one of our experienced will writers to discuss matters further.

Types of trusts for vulnerable or disabled beneficiaries

Disabled Person Trust (Special Needs Trust)

This trust is designed to provide for individuals with disabilities or learning difficulties.

It helps protect their inheritance from being counted in benefit assessments, while ensuring that trustees can use the funds to pay for anything the disabled person needs — from essential care to treats and experiences that enrich their life.

Typically, this trust lasts for the lifetime of the disabled person, with any remaining funds distributed to other family members or charities you name in your will.

Discretionary Trust

A discretionary trust allows you to name a group of beneficiaries, such as other family members or even charities, in addition to the vulnerable person you wish to protect. The trustees then decide how and when funds are distributed and can be guided by any written instructions or wishes that you leave.

Although this type of trust may be slightly less tax-efficient, it offers flexibility and could be beneficial for families who wish to provide ongoing support to a vulnerable loved one.

How to set up a trust

A trust can be created during your lifetime or through your will to take effect upon your passing. You can leave a sum of money, property, or a share of your estate to the trust. Family members can also contribute to it if they wish.

Our online will-writing service can help you include a suitable trust in your last will and testament, ensuring your instructions are legally valid and your wishes are followed precisely.

Letter of wishes

Alongside your will and trust, you can create a letter of wishes to give your trustees clear guidance.

This letter isn’t legally binding, but it can help them make decisions that reflect your intentions — such as funding specific activities, care needs, or experiences your loved one would enjoy.

Choosing executors, trustees and guardians

Before you write your will, it’s essential to decide who will carry out your wishes:

Executors – Manage your will and estate after you pass away.

Trustees – Manage the trust on behalf of your beneficiary. Usually, two to four trusted individuals are chosen.

Guardians – If you have children under 18, guardians will take over their care after your death.

We can help you choose the right people for these key roles to ensure your last will and testament is both practical and protective.

Protecting your loved one starts today.

Don’t wait to make these important arrangements. With our affordable, online will-writing service, setting up a trust for a vulnerable or disabled beneficiary is easier and more cost-effective than you might think.

At Wise Owl Wills, we’ll guide you step-by-step to create a will that truly protects your family’s future — with compassion, clarity, and care.

A life interest trust enables you to protect some of your assets for your children whilst still enabling your surviving spouse or partner to use those assets for their needs.

A life interest trust is a legal mechanism that can be included in your last will and testament. It grants a named individual, typically your spouse or partner, the right to receive income from the trust or to continue residing in the family home. Meanwhile, the underlying assets remain protected and will ultimately be passed on to your children or other beneficiaries.

Do I need a life interest trust?

A life interest trust is especially worth considering if:

You want to protect your children’s inheritance while still giving your spouse or partner security.
You’re concerned your partner might require care in later life, and you wish to shield part of your property from means-testing or care fees.
You’re worried your partner may remarry after you die and potentially alter how your assets are distributed.

In these situations, a life interest trust allows your partner to benefit during their lifetime, without giving them complete control over how your assets are passed on later.

How does a life interest trust work?

When you create a life interest trust in your will:

The person you name (the “life tenant”) gets to enjoy income generated by the trust – such as dividends, interest, or rent – or may live in the home held by the trust, but they will not receive the capital itself.

Once the life tenant’s interest ends (typically upon their death or another “trigger event”), the assets pass to your chosen beneficiaries, such as your children.

The trust may also allow flexibility, for example, you could permit the sale of the property and reinvest the proceeds for the benefit of the life tenant and the future beneficiaries.

This setup gives clarity, protection, and peace of mind.

Here are two examples of a lifetime trust in action

Care needs scenario

Suppose your partner has a health condition and might require future care. A life interest trust will prevent your share of the property from being owned outright by your partner, so it is less likely to be taken into account in care funding assessments. Meanwhile, your partner can still reside there or benefit from any income generated.

Protection in blended family contexts

Suppose you worry your partner might remarry or leave assets to other people against your wishes. In that case, a life interest trust will enable your partner to continue to enjoy your property during their lifetime. However, it will ensure that the capital ultimately goes to your chosen beneficiaries.

Life interest trusts may be beneficial when families have been blended, where couples are unmarried, or where property is already jointly owned across generations.

What are the advantages of a life interest trust?

You control what happens to your estate, including your share in the family home, even if your partner remarries.
You still provide financial security to your spouse or partner whilst helping to ensure that your estate is preserved for others.
You prevent your share of the property from being used to pay for somebody else’s care fees.
You can even provide for the possibility of your partner downsizing the property to a more manageable home, and enable them to live off any income generated by the proceeds of sale, whilst still providing for your children.

What are the disadvantages of a life interest trust?

Your spouse or partner can only use income, not capital, which could limit their ability to fund unexpected expenses. There may be formalities to comply with in administering the trust that you create.

Can you sell a property subject to a life interest?

It is possible to sell a property that is subject to a life interest trust. Usually, both the life tenant and the ultimate beneficiaries must agree to the sale. The possibility of a sale (for example, to downsize a property or relocate) can be included in the terms of the will and the trust.

How We Can Help with Life Interest Trusts & Wills

If you wish to establish a life interest trust, please call us to discuss your specific needs. We can help you to: –

Draft a cost-effective will that includes a life interest trust.
Offer an affordable will-writing solution tailored to your family situation.
Make sure that your last will and testament clearly reflects your wishes

Owning a home with someone else is common for couples. Most people do this as “joint tenants”, which means that if one of you dies, the other automatically inherits the whole property. This happens regardless of what your will says—it’s known as the right of survivorship. With a joint tenancy, you cannot give your share of the property to anybody other than the co-owner.

While this arrangement can make sense initially, there are times when it’s better to sever a joint tenancy and own the property as “tenants in common” instead. This gives you more control and flexibility over who inherits your share.

What Does Severing a Joint Tenancy Mean?

Severing a joint tenancy is the legal process of changing ownership from a joint tenancy to a tenancy in common situation.

As tenants in common, each person owns a defined share of the property—often on a 50/50 basis, but this is not compulsory, and it can be in any other proportion. Importantly, this means your share doesn’t automatically pass to the co-owner upon your death. Instead, you can decide who should inherit it through your last will and testament.

This change can be an essential part of your estate planning or will-writing process, helping you ensure that your assets are distributed according to your wishes.

When Should You Consider Severing a Joint Tenancy?

Consider severing a joint tenancy if your circumstances have changed, or if you wish to protect your share of the property for specific beneficiaries.

Common reasons include:

1. Relationship Breakdown

If you’re divorcing or separating, severing the joint tenancy stops your ex-partner from automatically inheriting your share should you pass away first.

2. Blended or Step-Families

If you and your partner want your respective shares to pass to your own children (for example, from previous relationships), severing a joint tenancy helps make that possible.

3. Protecting Against Care Home Fees

If one partner may need means-tested care in future, severing a joint tenancy can stop your share of the property from being included in their financial assessment—helping preserve your estate for your chosen beneficiaries.

4. Bankruptcy Protection

If your co-owner becomes bankrupt, severing a joint tenancy can help prevent your share of the property from being used to pay off their debts.

How Does Severing a Joint Tenancy Work?

The process of severing a joint tenancy is relatively straightforward. It typically involves preparing a formal notice and ensuring that it is properly brought to the attention of the co-owner. Thereafter, it is advisable to register the change with the Land Registry. Once completed, you’ll both own separate shares in the property as tenants in common.

It is essential to update your will simultaneously, ensuring that your new ownership structure and your wishes are aligned. Our affordable will-writing service can help ensure everything is handled correctly and cost-effectively.

Why Combine Severing a Joint Tenancy with Will Writing?

If you are changing your ownership status, it’s essential to review or create your last will and testament. This ensures your share of the property—and any other assets—are passed to the right people.

Our experienced team offers a cost-effective will-writing service that simplifies and streamlines the process, making it a stress-free experience.

How We Can Help

If you’re wondering whether severing a joint tenancy is the right decision for you, we can provide tailored advice based on your situation.

Our specialists can:

Explain the implications of severing a joint tenancy

Help you draft or update your last will and testament

Offer a cost-effective, affordable will-writing service

Take control of your estate today—protect your loved ones and ensure your property passes exactly as you intend.