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Why Should I Make a Will?

Why you should make a Will…

You can put off making a Will until it is too late, and this poses all sorts of problems for the people left behind. Not making a Will could mean that some, or all of your Inheritance either goes to the wrong person, or to the state.

So why should I make a will? Making a Will enables you to plan exactly what will happen to your property (Estate) following your demise. 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. Most importantly is the peace of mind making a Will provides.

Without a Will:

  • You cannot be sure those 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.
  • You cannot prevent certain family members from benefiting.
  • You will not be able to leave something to friends, colleagues or charities, which fall outside of the Rules of Intestacy.

In the time it takes to read this article, someone, somewhere will have died Intestate – that is, without leaving a valid Will.

If you don’t have a Will..

For those people who have died Intestate, the government has written a standard Will, which will almost certainly contradict what their wishes would have been…

…To my Family
I hereby leave you all several months, possibly years, of financial hardship and expense, whilst you go to unnecessary lengths to sort out my affairs.

…To my Spouse/Partner
I hereby leave you some (but probably not all) of what I own.

…To my Children
I hereby leave you the remainder of my Estate and give you the authority to enforce the sale of any part of it (including the family home) to realise your Inheritance.

…To Social Services
If my children are orphaned, I give you the authority of Guardianship and the power to choose who shall look after them, including allocating them to foster parents.

…To the Tax Man
I hereby leave you all the Tax that I could have avoided and given to my family.

…To my Bank and/or Solicitor
I hereby authorise you to charge whatever you feel necessary, to sort out the mess that I have left behind. I realise that this could make you one of the major Beneficiaries of my Estate.

…To everyone else
I leave you nothing!

The absence of a Will can cause problems, heartbreak, financial hardship and unnecessary expense for your family, at the very worst possible time. Still asking yourself why I should make a Will?

Protecting your assets

Making a Will is a good start but you may also want to consider the following issues:

Protecting your Children’s Inheritance
Some, or all of your children’s or grandchildren’s (bloodline’s) Inheritance could be lost without the correct “Bloodline Planning”

  • The Divorce or Separation settlements of future generations.
  • Creditors or Bankruptcy claims.
  • Their Care costs and further Inheritance Tax bills.

Protecting your home and assets from Care Costs
Only those who have very few assets will escape the costs of Care.

If you fail to act now:

  • Your home may have to be sold to pay for your Long Term Care costs.
  • Your savings and investments could be wiped out.
  • Any income would be assessed and used towards the cost of your Care.
  • Your children and grandchildren could lose their entire Inheritance.

Protecting the family business

Naturally, you would want to ensure that your loved ones benefit fully from your business. Without the appropriate Business Succession strategies:

  • Your spouse/partner and children may not inherit your share of a business.
  • Business partners may not be able to buy out the Deceased’s share.
  • The surviving spouse or children may be obliged to take over the running of the business.
  • The value of the business could depreciate owing to the inexperience of any Beneficiary.
  • The business may have to be sold and the proceeds become liable to Inheritance Tax.

In summary

No matter how young you think you are, it’s never too early to make a Will. By now you are sure to have many answers to your question ‘Why should I have a Will?’. It is a small investment that could have a huge impact on your children and loved ones. The points outlined above are not intended to shock you, but simply make you aware of the potential downfall of not having a Will if the worst were to happen.

Professional assistance from your local Wills and Probate Solicitors

For a small investment of time and money you can choose exactly what you want in your Will, protecting your loved ones whilst enjoying peace of mind. If you have any questions regarding a Wills and Probate or any other Law matter get in touch with our team of Wills and Probate Solicitors today to discuss your needs.