Why do I need a Will?

The main reason for making a Will is to ensure that you decide who inherits your estate, and this important matter is not left to others to decide. Making a will is the only way to ensure that your property and affairs are dealt with in accordance with your wishes.

Without a Will:

- You cannot be sure those that you would wish to benefit will actually do so.
- Your spouse/civil partner will not automatically inherit ALL of your estate.
- ‘Common law’ partners may not receive anything.
- Minor children could be taken into care whilst guardians are appointed.
- There could be lengthy delays for your beneficiaries and disputes.

The vast majority of people put off making a Will for a variety of reasons, either believing that the people they would wish to inherit will automatically do so, or because they don’t think it’s relevant to them at this particular time.

The reality is that you can put off making a Will until it’s too late, and this poses all sorts of problems for the people left behind and could mean that some or all of your assets either go to the wrong people or to the state.

Affording you peace of mind

Firstly and most importantly is the peace of mind making a will provides.

Making a will enables you to plan exactly what will happen to your property and other assets after you have gone. This ensures that those you would like to benefit actually do so in accordance with your wishes and at the same time avoiding any possible disputes between relatives.

Who needs to make a Will?

The answer is Everyone. In particular, anyone with dependant relatives (children under the age of 18, elderly relatives or relatives with a disability or have special needs); anyone who owns property or has any type of asset which you would wish relatives, friends or charities to benefit from.

But won’t everything go to my husband/wife/civil partner/parents/children etc automatically?

This is a common misconception and dependent on the size of your estate, there are set rules which will be applied to determine who inherits and how much if you do not make a will.

So what happens if I don’t make a Will?
This is called having died intestate. There are specific rules of intestacy which set out who will inherit and by how much if you do not leave a valid will, this may not be what you would have wished and in the worst case scenarios where relatives cannot be traced, your assets will be taken by the Crown.

Who can make a Will?

Quite simply anyone over the age of 18 who is of sound mind, however:
• It is possible for members of the armed forces to make a will under the age of 18 (advice should be sought in these circumstances.)
• Under the provisions of the Mental Health Act 1983, the Court of Protection may approve the making of Will for someone who is mentally incapable of doing so themselves. Guidance about how a mentally incapable person can make a will can be obtained from the Public Guardianship Office website www.publicguardian.gov.uk.

Is making a Will difficult?

No, you need to make a list of your property and assets and consider who you wish to benefit from your estate, ensuring provision has been made for dependant relatives. You should also consider who you would want to look after your children (Guardians) if they were still young.

 

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