Research carried out in 2017 found that more than 60% of UK adults did not have a valid Will in place. That equates to around 31 million people in the UK who haven’t written a Will, which can have many different consequences if those people are to pass away before doing so.
Many people put off writing a Will, with the same research showing that 26% of those without a Will planned to make one later in life. We look at 10 reasons why making a Will as soon as possible is important.
1. Having a Will means that the rules of intestacy do not need to be followed
In England and Wales, the ‘rules of intestacy’ apply if someone dies without leaving a valid Will. The person who has passed away in these circumstances is known as an intestate person.
These rules mean that only a spouse, civil partner or some other close relative can inherit from the estate of an intestate person. If the intestate person was cohabiting with a partner they were not married to or in a civil partnership with at the time of death, the partner will not be able to inherit anything directly. In some circumstances, this can mean that a bereaved partner is left without a home.
The rules of intestacy follow an order of priority for distributing assets from the estate of an intestate person:
- If you are married or in a civil partnership, with no children (by birth or adoption), everything will go to your spouse or civil partner.
- If you are married or have a civil partnership and have children, everything from the estate up to a value of £250,000 will go to the spouse or civil partner, along with 50% of anything remaining after that. The remainder of the estate is shared equally between children.
- If you are not married and have children, everything is shared equally between the children
- If you are not married and don’t have children, everything from the estate is shared equally between one of the following (if they are living), in this order:
- Parents of the deceased
- Siblings of the deceased (or children of the siblings, if the siblings are deceased)
- Grandparents of the deceased
- Uncles and aunts of the deceased
- If you die intestate and have no living parents, siblings, nephews, nieces, grandparents, uncles or aunts, your estate is passed to the Crown.
- There is no provision for stepchildren or foster children as beneficiaries if someone dies intestate.
2. Having a Will means that stress, expense and upset is minimised for your family members
Losing a family member is always tough, but things can be even harder for those left behind if there is no Will in place. It means that family members are left with lots of administration to navigate, documents to find and they might have to make big decisions without knowing your wishes, which can be very difficult emotionally. Someone will need to apply for probate before the estate can start being administered, and if you have not named Executors it can cause conflict in a family and lead to a lengthy and stressful process.
Depending on the size of the estate, there may also be inheritance tax to pay on it, which is due within six months of the death, or interest starts to be charged. As there can be complications and delays in administrating an intestate estate, this could result in more inheritance tax being paid than necessary.
3. Writing a Will means you can choose your own executors
When you write a Will, you need to choose to nominate between one and four executors who will be responsible for your estate after you pass away. This means that the executor(s) will be responsible for sorting things out so needs to be someone you can trust. Many people choose a younger family member as their executor, such as adult children, adult grandchildren or other adult relatives.
Being an executor can be a lot of work and some people choose executors who are not in their immediate family so that they don’t have to deal with the burden of responsibility for this as well as managing their grief. It’s possible to choose a professional, such as a solicitor, as an executor. They have experience in the process and can usually also help with navigating any issues relating to property and tax. However, this service will need paying for from the estate, so it’s important to understand and agree to the cost when you write your Will and decide on executors.
Without a Will, the rules of intestacy will set out what happens to your estate which may not be the same as what you would have chosen.
4. Writing a Will means you can make your funeral wishes known
Some people find it difficult to discuss their funeral wishes with their loved ones while they are alive, but this can mean that their family and friends do not know how to give them the ‘send-off’ that they would have wanted, which can be distressing.
By writing a Will, you can include your funeral wishes in this, so that there is no confusion over what you want to happen after your death.
5. Writing a Will means you can pass on specific gifts to people
If you have a specific item or asset that you want to pass on to a particular person, it needs to be stated in your Will to make it legally binding. For example, if you have some jewellery that you would like to gift to a friend who isn’t related to you, putting this request in your Will means that they will inherit the item(s) you want them to. Otherwise, they would have no claim over anything in your estate.
Some people also provide for their beloved pets in their Will. Pets are considered to be ‘personal chattels’ under law in England and Wales, so you can specify in your Will that you want to transfer ownership of that pet to someone you have agreed will do this in the event of your death. You can also include a monetary gift alongside this to help cover the costs of the pet’s care for the rest of its life. This can also include an animal charity or organisation if they have agreed that they will do this if you pass away.
6. Writing a Will means you can leave a gift to a charity that is important to you
Many people like to donate to charity in their Will, so that they feel something that will make a real difference will happen in their memory. Writing this into a Will means that they have this option. Without a Will, no money from the estate will be given directly to a charity. A gift in a Will may also help reduce any inheritance tax liability in your estate.
7. You can nominate a guardian for your children in your Will
If you have children that are under the age of 18, you can nominate a legal guardian for them in your Will, who you will want to take responsibility for the child or children in the event of your death. Of course, it is best to discuss this with the potential guardian before including them in your Will. Some people choose a family member for this role and some choose trusted friends.
8. You can provide for your partner in your Will if you are not legally married or civil partners
As mentioned earlier, if you pass on without a valid Will, an unmarried partner won’t have any claim on your estate. This can mean that a cohabiting partner is left without a home if your property is inherited by family who need to sell it.
You can also make provision in your Will for other loved ones who would not be beneficiaries under intestate rules, such as stepchildren or foster children, to make sure that your wishes regarding them are known and followed after your death.
9. Writing a Will can help with tax planning
You will want as much of your estate as possible to be passed on to the people you choose after your death. Writing a Will and taking expert tax advice can help to ensure that the tax due on your estate is minimised. As well as inheritance tax, along with other taxes. This is why planning for tax as part of the Will writing process can make a big difference after you pass away.
10. Writing a Will can make provisions for loved ones who are elderly or living with a disability
If you would like some of your estate to be gifted to beneficiaries who could be considered vulnerable, there are several options that you can write into your Will to protect them and the funds that you gift them. These options include:
- Trusts such as:- Discretionary trusts, Disabled person’s trust, Life interest trust
It is important to make the right choice for the specific circumstances, so it is essential to get specialist advice when including this kind of measure in your Will.
At Gamlins Solicitors LLP , we have significant experience in Will writing and helping to ensure that our clients’ wishes are followed after they pass on. We can offer specialist advice that is tailored to your specific circumstances. We can offer Will appointments at any of our branches closest to you and also offer home appointments. Please get in touch to find out more. Contacting us could not be easier either by email to or by telephone 01492 860420.
