Last Will and Testament - How ...

Last Will and Testament - How to Create One

A Last Will and Testament is a legal document that sets out how your assets, responsibilities, and personal wishes should be handled after your death. It allows you to decide who inherits, who manages your estate, and how important matters—both physical and digital—are dealt with.

Without a valid Will, the intestacy rules decide who inherits your estate.

What a Proper Will Should Include

A well-prepared Will should clearly cover:

◆ Your full legal details (the testator)

◆ Appointment of an executor

◆ Clear instructions for asset distribution

◆ Appointment of guardian for your minor children

◆ Identification of all beneficiaries

◆ Any specific gifts or instructions

◆ Optional funeral or final wishes

◆ Instructions for digital assets and digital access

Choosing and Speaking With Your Executor

An executor of a will is the person you officially name to carry out your wishes after you die. Your executor plays a central role. They are responsible for:

◆ Collecting and managing estate assets

◆ Paying debts and taxes

◆ Distributing inheritances

◆ Carrying out your instructions exactly as written

Before finalising your Will, you should discuss your wishes with your executor to ensure they understand their responsibilities and are willing to act. Clear communication reduces confusion and conflict later.

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Why Leaving Information About Digital Assets Is Critical

Today, a significant part of many people’s wealth and daily life exists online. Online businesses, payment platforms, cloud storage, social media accounts, and digital subscriptions do not appear in traditional records—and they do not automatically pass to family members.

When someone dies, executors can only deal with assets they know exist. Probate gives legal authority, but it does not reveal hidden or unknown accounts. If no one knows about an online business, payment account, or digital asset, it may never be claimed.

In practice, this means:

◆ Online businesses can stop overnight

◆ Funds can remain locked in platforms indefinitely

◆ Accounts may be closed after long periods of inactivity

◆ Valuable income streams can disappear without anyone realising

This happens not because of wrongdoing, but because digital assets are invisible unless documented.

Leaving clear information about your digital assets—what exists, where it exists, and who should deal with it—can make the difference between assets being recovered or lost forever. You do not need to leave passwords publicly or compromise security. What matters is leaving awareness and instructions.

For executors and families, this removes guesswork, delays, and unnecessary stress at an already difficult time.

Digital Assets and Digital Executor

Modern estates are no longer just physical.

Your Will can—and should—address digital assets, such as:

◆ Online accounts and subscriptions

◆ Digital photos, documents, and files

◆ Email and cloud storage

◆ Online businesses or financial platforms

Many people choose to appoint a Digital Executor to manage these digital assets according to their wishes.

Clear instructions are critical. As explained above, executors can only deal with assets they know exist. Without guidance, digital accounts and online businesses may never be discovered or claimed.

This is where secure organisation matters. Keeping key digital information and supporting documents stored in one protected place helps ensure your executor knows what exists, where it is, and how it should be handled—without unnecessary delays or guesswork.

By addressing digital assets properly, you reduce confusion, protect valuable or sentimental information, and make your executor’s role significantly easier.

Recording Digital Assets for Executors

At ByTheWillow, we created Executor Vault to help you record and organise your digital assets for the people who will need to deal with them.

With a simple entry, you can record where your digital assets are held—such as online businesses, platforms, or services—so your executor knows what exists and where to look.

For security and legal reasons, you should not store usernames or passwords. Executors are not meant to log in to accounts directly, and doing so could violate platform rules or the law. Instead, Executor Vault is designed to record the name of the platform or service, along with any relevant notes or instructions.

This ensures your executor is aware of your digital assets and can approach the correct platforms properly, with legal authority, when the time comes.

Reviewing and Updating Your Will

Life changes—and your Will should change with it.

You should review your Will:

◆ Every 2–3 years

◆ After major life events (marriage, divorce, children, property changes)

After a Will has been signed and witnessed, you should not simply edit the original document. To make changes, you usually need either a codicil or a new Will.

Even small updates can significantly affect how your wishes are carried out. Out-of-date Wills are one of the most common causes of disputes and unintended outcomes.

Do I Need a Solicitor to Create a Will?

In most cases, no.

A solicitor is not legally required to create a valid Will in England and Wales. What matters is that:

◆ The Will reflects your wishes clearly and follows the legal signing requirements

◆ It is clearly written

◆ It is properly signed and witnessed

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Specialist Review

For added reassurance, you can choose to have your completed Will reviewed by one of our specialists before signing.

This optional service:

◆ Checks for clarity and consistency

◆ Helps identify common mistakes

◆ Ensures the document reflects your intentions accurately

Many estate planning documents fail due to improper execution, incomplete information, unclear language, or technical errors, leading to invalidation, probate delays, or legal disputes.

Signing Requirements and Legal Validity

To be legally valid in England and Wales, your Will must be signed correctly. You must sign the Will in the presence of two witnesses, and both witnesses must also sign the same document.

◆ You must be 18 or over

◆ You must have mental capacity

◆ You must sign voluntarily

◆ Two witnesses must see you sign

◆ Your witnesses should not be beneficiaries or married to beneficiaries

Failure to meet signing requirements can invalidate the Will entirely—regardless of how well it is written.

Where and How to Store Your Will

Only the original, signed paper Will is legally valid.

Important storage guidelines:

◆ Store it in a safe but accessible location

◆ Tell your executor where it is kept

◆ Provide copies to trusted individuals (for reference only)

◆ Avoid hiding it in places that are difficult to access

◆ Consider storing your Will securely with HMCTS or another trusted storage provider

Digital files, scans, or unsigned copies cannot replace the original.

How ByTheWillow Helps

ByTheWillow makes creating a Will simple, accessible, and stress-free.

We offer:

◆ A free Will generator

◆ Guided, step-by-step document creation

◆ Executor Vault for digital asset planning

◆ Secure file storage

◆ Support and help throughout the process

Our tools are designed to help you create documents confidently, clearly, and on your own terms—without unnecessary complexity or pressure.

Final Thought

A Will isn’t just a document—it’s a plan.

By taking the time to create, review, and keep your Will up to date, you protect your wishes, your loved ones, and everything you’ve built—both physical and digital.

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