Writing a will is one of the most important things many of us do in our lifetime.
Not only does it set up loved ones with a clear view of your wishes after you have passed on, it also ensures that your legacy lives on through family, friends and even charities close to your heart. A will is a very personal piece of legal literature, and each persons may differ from the next. However there are some things that should be considered universally – especially if you are an unpaid carer.
If you are caring for loved ones and are considering planning for the future in the form of a will, read below our guide of what to consider before going ahead with it! (Please note this is not legal advice.)
Your Own Legal Capacity
No one likes to think about the possibility of dying, but when it comes to writing a will the sooner you get the process started the less you will have to worry about. To write a will in England you must be mentally capable, this is especially important if you’re under stress or in poor health due to your caring role. Don’t leave things until it’s too late – write your will while you are still healthy and are able to make the best decisions possible for you and your family.
Identify What You Own
In order to write a will you will need a list of your assets. Some things to consider are:
- Savings, pensions, and bank accounts
- Property (your own or any joint ownership)
- Cars or any other vehicles
- Valuable personal belongings
- Any benefits or entitlements that may have a value
Consider Who You Want to Benefit From Your Will
Think about:
- Family members or dependents
- The person you care for (if they will outlive you)
- Charities or other organisations (you can find out about legacy giving here)
- Friends or others you would like to include
Important: If you’re supporting someone who is vulnerable or has special needs, consider setting up a trust in your will to protect their inheritance.
Providing for the Person You Care For
If the person you care for depends on you, think about:
- Who will take over their care
- Whether they will need financial support
- Consider setting up a discretionary trust to avoid affecting their means-tested benefits – giving the loved one that you care for money directly could disqualify them from benefits – trusts can help avoid this.
Choose Executors
These are the people who will carry out the terms of your will. Choose someone:
- You trust
- Who is capable of handling financial and legal matters
- Who understands your caring situation
- If you do not have someone close to you who could become an executor, you can appoint professional executors (e.g. a solicitor), though they may charge fees.
Guardianship
If you’re a carer for a child or someone who lacks capacity, you can name a guardian in your will to take over your responsibilities.
Inheritance Tax & Benefits Considerations
- The current threshold for Inheritance Tax is £325,000 (as of 2025), or more if you pass your home to a ‘direct descendent.’
- Contact a solicitor to discuss if receiving Carer’s Allowance could effect the will writing process.
How to Write a Legally Binding Will?
- The will must be in writing
- The document must be signed by you in the presence of two witnesses (who are not beneficiaries)
- Witnesses must also sign the will
- It’s advisable to:
- Use a solicitor (especially if trusts or vulnerable people are involved)
- Keep the will in a safe place and tell someone where it is (we would advise putting the location in your emergency plan)
Other Things to Consider
- Letter of wishes (these are not legally binding, but they give guidance to your executors)
- Advance decision (Living Will) or Lasting Power of Attorney – in case you’re incapacitated before death. As an unpaid carer we highly recommend looking into Lasting Power of Attorney.
Review Regularly
- It is always good to review your will regularly and update it ASAP if your circumstances change.
These changes could include:- You stop being a carer
- The person you care for passes away or their situation changes
- You acquire property or savings
- Family circumstances shift
Please note this is not an exhaustive list of things to consider when writing a will. This is not legal advice. For up to date legal advice on writing a will, or any other legal matter please contact a solicitor.
