While it’s vital to make a will, according to Will Aid around 53% of adults haven’t done it. But why not?
Often reasons include that it’s expensive, or you don’t have anything to leave. Perhaps you think you’re too young. Mostly it’s just that you haven’t got round to it.
But not having a will simply means whatever you have will be left to the people in your life according to the rules of intestacy.
That means spouse (not unmarried partners), children, parents and siblings can inherit, depending on the circumstances of your estate.
The bottom line is that, without a will, your estate will be distributed in the way the law decides, not you.
The especially tricky part is when stepchildren and blended families come into play.
The rules of intestacy can see people left out entirely when a simple will would have cleared up any confusion.
Making Wills
Wills and everything to do with them can make for a difficult topic to approach and discuss. There’s a lot of aspects tangled up, there are the emotions surrounded by thinking about the passing of a person, the awkward discussion of money and how it affects those left behind.
Making a will clarifies your wishes and reduces the chances of fighting down the line.
That’s why you should consider contacting a good solicitor for expert advice.
Let’s look at an example:
Alan and Grace were married and have two children, Tim and Annie. Alan and Grace get divorced. Alan then has a child, Mark, with his new partner Beata.
Alan and Beata do not marry. Alan dies. Grace does not inherit under the intestacy rules because she is divorced from Alan and neither does Beata because she has not married Alan.
Tim, Annie and Mark inherit all of Alan’s estate in equal shares.
From Citizen’s Advice ‘Who can inherit if there is no will – the rules of intestacy’
So Why Don’t People Make Wills?
If you don’t leave a will, certain wishes may not be respected or even known about after you die. This could mean a funeral you wouldn’t have approved, or your estate not being divided the way you intended.
But writing a will doesn’t need to be a difficult or complex process and doing so can prevent significant problems down the line. For expert advice, consider contacting a solicitor, such as these solicitors in Ipswich, who can help.
DIY wills are not such a good idea, however. A will made through the proper channels such as a solicitor will be harder to challenge should the situation arise.
A DIY will might be open to interpretation because the wording is ambiguous, or there could be challenges over its validity where witnesses or the testator’s mental capacity are concerned.
- You haven’t got round to it – you know you need a will, but there’s always tomorrow…
- Costs – there are many ways to create a will, some are even free, perhaps in exchange for donating a portion to charity. A will typically costs a few hundred pounds. The cost of legal fees to sort out an estate will run into the thousands. And it won’t be taken from the estate.
- Your partner gets it all anyway – with more and more blended and stepfamilies, you might be surprised to learn that your cohabiting partner isn’t going to get any of it – unless you specifically say so in a will.
- You don’t want to think about death – or you think you’re tempting fate. But a will is about supporting your loved ones after you have passed.
- Nothing of value – maybe. But you’re probably wrong and families arguing over personal artefacts through solicitors can be costly.
Many people prepare their will after getting a diagnosis that they are near the end of life.
Leaving it until this point makes the process unnecessarily emotional and more difficult. In these challenging circumstances, it’s easier to overlook bank accounts and other assets, which may not get left in the way a person would want.
Final Thoughts
So, don’t put off writing a will. In the same way people take out pre-paid funeral plans to give everyone peace of mind, making a will has the same effect.
Get it sorted out as quickly as possible if you can.
