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Will Management Guide

Everything you need to know about creating and managing your digital will, from adding beneficiaries to recording video messages for your loved ones.

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Creating Your First Will

Creating a digital will with Orchard72 is a straightforward process. We'll guide you through each step to ensure your wishes are properly documented. To begin, choose "Create/Update Legal Will" on the Get Started page, or use "Create New Will" under Will Management in the sidebar. Once you have a will in progress, "My Active Wills" appears in the sidebar so you can return to it.

  1. Confirm your age and location, then your citizenships and residencies
  2. Add your personal details and, if you are married or in a civil partnership, choose between a solo will and mirror wills with your partner
  3. Name guardians for anyone who depends on you
  4. List your assets and liabilities, then decide who receives what, including any specific gifts
  5. Record optional video messages and set out your funeral wishes
  6. Appoint executors and write your letter of wishes
  7. Arrange your witnesses, then add your identification and final notes
  8. Review your draft and, if you would like one, choose a legal professional

Some steps only appear when they apply to you, for example the guardians step when you have dependants, the family tree step, and the business succession step.

Save Your Progress

You can save your progress at any time and return later to complete your will. Nothing is final until you explicitly finalise the document.

Managing Beneficiaries

Beneficiaries are the people or organisations who will inherit your assets. It's important to keep their information accurate and up to date.

  • Add multiple beneficiaries with specific inheritance percentages
  • Name an alternative beneficiary, shown as a backup beneficiary in the glossary, in case a primary beneficiary cannot inherit
  • Specify different beneficiaries for different assets
  • Update beneficiary information when their circumstances change
  • Add charitable organisations as beneficiaries if desired

Keeping It Up to Date

Remember to revisit your beneficiaries annually and after major life events such as marriages, divorces, births, or deaths in the family.

Appointing Executors

Executors are responsible for carrying out your wishes and managing your estate after you pass away. Choose trustworthy individuals who are capable of handling this responsibility.

  • Appoint at least one primary executor. You can skip this section, in which case a court appoints an administrator instead
  • Add reserve executors in case a primary executor cannot serve
  • Consider the executor's age and health
  • Discuss the role with them before appointing
  • You can appoint professional executors (lawyers, accountants)

Executors will have access to your will and instructions after your passing, so choose people you trust completely.

Understanding Will Terminology

Creating a will involves several important terms that are worth understanding. Here's a comprehensive guide to help you navigate the terminology with confidence.

Key People in Your Will

Executor

The person you trust to carry out your wishes and manage your estate after you pass away. They will handle legal paperwork, pay debts, and distribute your assets according to your will.
  • Choose someone responsible and organised
  • Consider appointing reserve executors
  • Discuss the role with them first
  • An executor can be an individual or a company or firm, such as a solicitor or a bank

Beneficiary

The person or organisation who will inherit your assets. You can have multiple beneficiaries and specify what percentage or specific items each one receives.
  • Family members (spouse, children, parents, siblings)
  • Close friends
  • Charitable organisations
  • Educational or religious institutions

Backup Beneficiary

An alternative person or organisation who will inherit if your primary beneficiary cannot or chooses not to inherit.

Children and Guardianship

Guardian

The person who will care for your minor children (under 18) if both parents pass away. A surviving parent with parental responsibility automatically becomes the guardian, so the appointment matters most when neither parent survives. The guardians step also covers adult dependants who need ongoing care.

Points many parents weigh when they think about who to name:

  • Their values and parenting style
  • Whether they have the financial resources
  • Whether your children know and trust them
  • Whether they have agreed to the responsibility
  • Whether to name a substitute guardian as well

For each child you can also say where you would like them to live: staying in their current home and school where possible, moving to live with their guardian, or leaving it to the guardian to decide. Your will records this as a wish rather than an instruction, so the guardian can still act in your child's best interests.

Relationships and Legal Considerations

Spouse vs. Partner

Depending on your jurisdiction, married spouses may have automatic inheritance rights, while unmarried partners typically need to be explicitly named in your will.

Dependent

Someone who relies on you financially, such as elderly parents, disabled family members, or children. Consider their ongoing needs when planning your will.

Witness

A person who signs your will to confirm they saw you sign it. Most jurisdictions require two witnesses who are not beneficiaries in your will, though some require three or more and a few recognise wills made without any. The witnesses step shows the requirement recorded for your jurisdiction.

Legal and Financial Terms

Estate

All of your assets and possessions at the time of your death, including property, money, investments, and personal belongings.

Probate

The legal process of validating your will and distributing your assets. This process is overseen by a court and managed by your executor.

Intestate

Dying without a valid will. In this case, your assets will be distributed according to your jurisdiction's intestacy laws, which may not reflect your wishes.

My Videos Feature

Add a personal touch to your will with video messages. Record heartfelt messages for your loved ones that will be shared along with your will.

Record Messages

Record video messages directly from your device. Each video can be up to 60 minutes long and 500 MB.

Assign to Recipients

Choose the named people who should receive each video, or address it to a role such as your executors, beneficiaries, guardians or trustees.

Private & Secure

Private videos are held in secure cloud storage and reached only through signed links that expire after one hour, so only you and the recipients you name can view them. Videos you set to release after your passing stay locked until a death has been verified.

My Videos

Video wishes are optional but provide a meaningful way to share personal messages, explain your decisions, or simply say goodbye to your loved ones.

What Happens Without a Will?

If you die without a valid will (called dying "intestate"), your assets will be distributed according to your jurisdiction's intestacy laws. This often doesn't align with your wishes and can lead to complications for your loved ones.

Common Consequences of Dying Without a Will

  • Your jurisdiction's intestacy rules decide who inherits, based on preset formulas
  • Your unmarried partner may receive nothing
  • The court appoints guardians for minor children
  • Family disputes may arise over asset distribution
  • The process takes longer and costs more
  • Some assets may go to distant relatives or even the government

Rules of Intestacy by Country

Every country has different rules about how estates are distributed when someone dies without a will. These rules consider factors like:

  • Your marital status
  • Whether you have children
  • If your parents are still living
  • The existence of siblings or other relatives
  • The type and location of your assets

Understanding these rules can help you see why having a will is crucial for ensuring your wishes are followed.

Recording Your Wishes

Creating a will with Orchard72 is how you record who you would like your assets to go to, and who you would like to care for your children. Whether those wishes take effect depends on your jurisdiction and on the will being properly signed and witnessed.

Keeping Your Will Up to Date

  • Review and update your will at least annually
  • Update after major life events (marriage, divorce, births, deaths)
  • Ensure your asset information is current
  • Verify beneficiary and executor contact information
  • Consider local laws and regulations for your jurisdiction
  • Keep your account secure with two-factor authentication

Your digital will is a living document that should evolve with your life circumstances. Regular updates help keep your wishes current and, provided your will is properly signed and witnessed, legally valid.

When something changes, such as a marriage, a new child or a move abroad, report it from Life changes in your account. We update your records and show whether your will may need a review.

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