The Will needs to be understood by your executors and most importantly, The Probate Court, to ensure that it is proved quickly to minimise any problems which may occur causing delays and possible hardship to your loved-ones.

There are some important questions, which you need to consider before meeting with your Consultant. By having many of the answers available it will leave more time to discuss the other important issues which may arise during the consultation.

1. The Appointment of Executors
You do not need to appoint other 'professionals' to act as an executor or trustee of your estate, unless there is the likelihood of a Trust arising. Professional Executors will charge your estate to act, and in many cases, for duties a layperson could have done.

It may be better to appoint a member of your family, a prime beneficiary or close friends to act.

2. Appointment of Guardians
Only if you have minor children (under the age of 18 years) will you need to appoint guardians.

It may be helpful to make at least one guardian a joint executor, they do have a right to money from your estate to help towards the cost of bringing up your children. If you wish to restrict the amount to which they are entitled, it may be wise to leave the money in trust.

If you have disabled children who are likely to require specialist care either at home or in the care of the Local Authority, a trust will be required to ensure that adequate funds are available for their future.

3. Property
How you hold your property will determine how it passes on your death.

If you are single, have no minor children and own all your property outright, with no shared ownership, you will have little problem. You're free to leave your property to whomever you wish and to whatever institutions you wish.

However if you own any property in shared ownership - such as joint ownership or ownership in common - you will need to understand how this affects your right to give away this property by your Will.

Joint Ownership - Where property is held by more than one person as joint owners in equity, on death of one joint owner their interest passes by survivorship to the surviving joint owner(s). Jointly owned property will pass to the survivor no matter how short the period of survivorship may be, despite anything said in the Will. It also makes poor use of the nil rate Inheritance Tax allowance. For this reason it may be appropriate to sever a joint ownership (see ownership in common).

Apart from the obvious, the family home, some other types of property pass on death independently of the terms of the Will. Nominated property, Life Assurance Policies, Pension and Death in Service Benefits, Joint Bank accounts.

Ownership in Common - Where land or property is held by more than one person as Ownership in Common, the share of each owner in common passes on their death under their Will. Each owner in common is free to leave their beneficial interest (their share) to whomever they want. It can also help to reduce Inheritance Tax liability by utilising each allowance effectively.

Severing an Ownership Agreement - To sever a joint ownership in common requires only that one party notify the other as to their intention, the other party signs in agreement or both parties sign a Notice of Severance of Joint Tenancy. Where property is subject to a mortgage or other loan, the mortgagee or lender should be notified, and the severance registered on the deed through the local Land Registry Office.

4. Other Considerations

Inheritance Tax - If the value of your joint estate is greater than £250,000 then you will need to discuss with your Consultant the implications of Inheritance Tax and any relevant method of reducing your liability. It may be necessary to divert gifts away from your partner or set up a trust for the benefit of your family.

Specific Gifts - do you wish to leave any other members of your family or friends a special gift.

Pecuniary Legacies - (this is the term for a gift of money) do you wish to leave legacy to anyone, other than your spouse or children, this can also include gifts to your favourite charity (please try and have the address and registration number available).

Residuary Legacy - this covers the remainder of your estate, and in the case of a married couple passes to each other and then to any children. It should also include reserve beneficiaries who will only inherit if there is a 'total calamity or disaster' and all your main residuary beneficiaries fail to survive you.

Exclusions - you may wish to exclude someone that you have had personal problems with in the past. This may help to protect your estate from any claim that they may make.

Organ Donation - you may make a statement expressing your views. Although your immediate family and friends should be made aware of your wishes in your lifetime.

Business Interests or Assets - You will need to consider carefully how the value, the control and the tax issues relating to these assets should be dealt with. Your Consultant will provide you with specific advise on how best to deal with these issues.

Funeral Wishes - you may choose to ignore this but for those that wish to leave specific instructions, such as cremation or burial and whether flowers or donations are to be given these can be included in your Will. It must be pointed out that whatever your request, these are only a wish and not binding on your executors to carry them out if they are unable to.