When the plan meets reality: wills, funeral plans and the wishes you leave behind

October 16, 2026

This is a general explainer. It uses general examples to explain how wills work. It covers the law of England and Wales in outline only. It is not legal advice.

October is Free Wills Month, a good moment to think about a will. Most people still put it off. Thinking about death is uncomfortable, and it is natural to avoid what we fear. But a will is really about the living. A will is a set of instructions for a future nobody can see. People die in an unexpected order, institutions change their policies and money runs short. Each risk can be planned for before you sign.

A simple will can be a sound will

Consider a person who makes a will through a free or low cost scheme. The will is in writing. They sign it in front of two witnesses, who are both present at the same time and who then sign too. Neither witness is a beneficiary, or married to one. The will leaves the residue, meaning everything left after debts, costs and specific gifts, in percentage shares. It also makes one specific gift of personal items.

That will is likely to be valid. Cost is not the test. Correct signing and witnessing are.

Lesson: a short, simple will can do the job. Check that it is signed and witnessed properly, and that a witness is not also someone who benefits, as that gift can fail.

Free and low cost options

Cost is a common reason for delay, and several free routes exist. Terms change, so check the official pages before relying on any of this.

Free Wills Month runs in March and October each year. It is organised by Capacity Marketing for Charities with a group of charities, which pay for a limited number of simple wills. It is intended for people aged 55 and over (for couples, one of them is enough). It covers selected areas only, and you book directly with a participating solicitor. Appointments are limited and given first come, first served, so a campaign can close before the month ends. The solicitor decides what counts as simple, and you may be asked to pay for extra work. See the official Free Wills Month website.

The National Free Wills Network is a separate, year-round scheme. Member charities pay local solicitors to write simple wills for their supporters, and the charity refers each supporter to the Network. See the National Free Wills Network website.

Participating charities include the Salvation Army, among many others.

These schemes are paid for by charities that hope people will remember them. They may invite a gift, but they do not require one. The choice is yours.

Lesson: a free will can be a good start for a simple estate. Read the terms first, and use a solicitor if your circumstances are not straightforward.

A gift that is turned down

Consider a gift of a collection to a museum or society. The person never asked whether it wanted the collection. After the death, the museum or society declines.

A gift that is refused fails. The collection then usually falls into the residue and passes to the residuary beneficiaries.

Lesson: ask the institution in advance whether it will accept the gift. Name a fallback recipient in the will in case it says no.

A beneficiary who dies first

Consider a will that leaves a share of the residue to a friend. The friend dies before the person who made the will.

In general, the gift lapses. A lapsed share of the residue may pass under the intestacy rules rather than to the other residuary beneficiaries, unless the will says otherwise. There are exceptions, for example some gifts to the will maker's own children. Check with a solicitor.

Lesson: name a substitute beneficiary for each important gift, and state what happens to a share of the residue if one beneficiary dies first.

An executor who cannot or will not act

An executor carries out the will. An executor can usually refuse the role, provided they have not already started dealing with the estate. If no named executor can act, someone else must apply to administer the estate.

Executors need not be professionals. A friend or relative can act. Some people choose two, with different strengths: one who understands their personal wishes, and one who is comfortable with paperwork. Executors usually act together, so they need to work well together.

Lesson: name at least one replacement executor, and ask each person before naming them.

An estate that is small, or smaller than its debts

Funeral costs, the costs of administering the estate and debts are generally paid first. Gifts come after.

If there is not enough, the residue is usually used up first. Other gifts, including specific gifts, may then be reduced or fail. The order of payment is not the whole picture, though. A debt secured on a specific asset is generally met out of that asset. If the estate cannot meet its debts in full, special rules apply and executors should take advice before paying anyone.

Lesson: keep an honest view of what the estate is likely to be worth. Do not promise gifts that it may not be able to fund.

No valid will

If there is no valid will, the intestacy rules decide who inherits. They follow a fixed order, starting with a spouse or civil partner and children. An unmarried partner, a friend or an institution receives nothing under those rules.

Lesson: if your wishes differ from that fixed order, a valid will is the only reliable way to put them into effect.

Funeral plans

A prepaid funeral plan paid as a lump sum usually fixes the price of the services it covers. Prepaid plans are regulated by the Financial Conduct Authority. A plan that has been agreed but not paid for fixes nothing. If the person dies before buying it, the executors arrange the funeral and pay from the estate. Many banks will pay a funeral invoice from the deceased's account before probate, but check with the bank.

A letter of wishes about the funeral is useful guidance. It is not legally binding, and nor are funeral wishes written in a will. Only an executor or a near relative can usually apply for a cremation.

Lesson: if the price matters, complete and pay for the plan. Tell your executors where the paperwork is, and name a backup provider.

Ashes and travelling abroad

If ashes are to go abroad, the cremation certificate and a certified copy of the death certificate should travel with them. Check airline and customs rules in advance, as they vary and some carriers will not accept ashes.

A final word

Most of us avoid planning for death, often out of fear. Yet the cost of avoiding it falls on the people left behind. A clear will, a settled funeral plan and a word with your executors take a few hours. Leaving them undone can mean months of uncertainty for others. Preparing for the inevitable is a kindness, and one that your family and friends will be grateful for.

This article is general information only. It uses general examples and is not legal advice. Take advice from a solicitor before making or changing a will or funeral arrangements.