A free Will is a legally valid Will. That does not mean it will protect your family.
Free schemes cover a basic Will and nothing more. For most couples, that means everything passes straight to the survivor with no protection at all. Your home can be used up in care fees. Your children can be left out if your partner remarries. Your family can pay more Inheritance Tax than they needed to.
The trouble is that these gaps only show after someone has died, when it is too late to fix them.
Here is what a free Will leaves out, and how to have yours checked.
Already have a free Will?
Bring it in and we will check it for you, free of charge. We will tell you plainly whether it does the job or where the gaps are.
What a basic Will leaves your family exposed to
Most free Wills are basic “mirror” Wills. Each of you leaves everything to the other, and then to the children. It sounds sensible. This is what it leaves open.
After the first death
Everything now belongs to the survivor outright.
- Care fees. If the survivor needs care, everything you owned between you, including the family home, can be assessed to pay for it.
- Remarriage. If the survivor marries again, what you left can pass to the new husband or wife. Your children and grandchildren can be disinherited.
- Debts and bankruptcy. If the survivor runs into money trouble, everything they inherited is at risk.
After the second death
What is left passes outright to your children or other beneficiaries.
- Inheritance Tax. Tax is due on anything above your combined allowances, and a basic Will does nothing to reduce it.
- Divorce. If a child divorces, their inheritance can be drawn into the settlement.
- Their debts. If a child is made bankrupt or pursued by creditors, the inheritance can be taken.
- Their own care fees. What they inherit can later be assessed for their care.
- Tax on the next generation. Money left outright is added to your children’s own estates. It can be taxed again when it passes to your grandchildren, so less reaches them.
What a properly planned Will does differently
It uses trusts, written into your Will, to hold your share of the home and savings. The survivor carries on living in the home and using the money as before, and can still move house. But your share stays outside their estate, and later outside your children’s.
- If the survivor needs care, only their own half of the home is counted.
- If the survivor remarries, your half is still kept for your children.
- There is no Inheritance Tax to pay on the first death, and the allowance for passing on the family home can still be claimed.
- What your children receive can be kept out of reach of a divorce settlement, creditors and a second round of tax.
How much protection this gives depends on your circumstances, which is why it needs proper advice. Free Wills do not include it.
You need more than a free Will if
- You live with a partner but are not married. Nothing passes between you free of tax. Inheritance Tax can be due when the first of you dies, and again on the same money when the second dies.
- Either of you has children from an earlier relationship. If you die first and leave everything to your partner, they are free to change their Will afterwards. Your children can end up with nothing.
- Your children might divorce or run into money trouble. Once they have inherited, the money is theirs outright. It can be lost in a divorce settlement or to creditors, even years later.
- Together you own more than £2 million. Above that level, the tax allowance for passing on the family home starts to be withdrawn. A simple Will that leaves everything to the survivor can cost your family that allowance and add significantly to the tax bill.
- You are concerned about care fees. A simple Will gives no protection against them and leaves your whole house exposed.
- You want something left for your grandchildren. Leaving everything outright to your children can mean it is taxed again in their estates.
- You own a business or agricultural assets. A basic Will could result in more Inheritance Tax.
When a free Will may be enough
If you are single or married with no children from earlier relationships, own a modest estate well below the Inheritance Tax threshold, and are not concerned about care fees, a basic Will may do the job. It is still worth having it checked.
The pros and cons of a free Will
Pros
- It is a valid Will, and that is better than having none.
- It costs nothing, or very little.
- It is a simple way to leave a gift to charity.
Cons
- It covers the basics only. There is rarely time to look at your whole situation.
- It will not include the trusts that protect your home and savings.
- It gives no protection against care fees, remarriage, divorce or creditors.
- It does nothing to reduce Inheritance Tax.
- You may be offered paid extras. So it may not end up free.
- Drafting online relies on you understanding everything.
How free Will schemes work
Most free Wills are paid for by charities. They hope you will leave them a gift in your Will, but you don’t have to.
| Scheme | When | Who can use it | Worth knowing |
|---|---|---|---|
| Free Wills Month | March and October | Aged 55 or over (one of a couple) | Only in certain areas and places are limited. Simple Wills only. |
| Will Aid | November | Any adult | Not free. You make a suggested donation of £120, or £200 for a couple. |
| Charity schemes | All year | Varies by charity | Run by many large charities, either with local solicitors or online. |
| Union and employer schemes | All year | Members or staff | Usually a basic Will. Check who writes it. |
In every case, the solicitor decides what counts as simple. If your Will needs more than the basics, you may be asked to pay for the extra work.
Leaving a gift to charity
We are all for it, and we can write a charity gift into any Will we prepare. It can also lower the tax on your estate. Leave a tenth or more to charity and the Inheritance Tax rate on the rest drops from 40% to 36%.
You don’t need a free Will to do this.
Common questions about free Wills
Are free Wills legal?
Yes. A free Will is as valid as a paid one, as long as it is signed and witnessed properly.
What’s the catch with a free Will?
It is a basic Will and nothing more. It gives your family no protection against care fees, remarriage, divorce or extra Inheritance Tax. The charity paying for it also hopes you will leave them a gift, and some firms offer paid extras.
Do I have to leave money to the charity?
No. It is hoped for, but never required.
When is Free Wills Month?
It runs every March and October, in selected towns and cities. Places go quickly.
Can I change a free Will later?
Yes. You can replace it with a new Will at any time, and it is worth reviewing after a marriage, divorce, house move or new grandchild.
How much does a Will cost if I pay for one?
It depends on what you need. We give you a fixed price before you decide, and the first meeting is free.
Talk it through in Caversham
We meet people face to face at our office in Caversham, or at home if that is easier. The first meeting is free. We look at your whole situation, set out your options and prices, and you choose all, some or none of them.
If you already have a Will, bring it along. Book a free Will review or get in touch.
Related: Why do I need to make a Will? | Lasting Powers of Attorney | Trusts | Professional executor service
This article is general information, not legal advice. Scheme details are correct as at October 2026.
