Why you need a Will is easy to overlook. “I don’t have the time.” “I’m too young.” “I don’t own anything valuable.” These are some of the most common reasons people give for not making a Will. Yet if you die without one, the law decides who inherits, and the result may not be what you would have wanted. This guide explains why you need a Will, looks at the most common myths, and sets out how to get started.
What happens if you die without a Will?
If you die without a valid Will in England and Wales, your estate passes under the intestacy rules. These follow a fixed order of relatives and do not take your personal wishes into account.
For example, imagine an unmarried couple in their thirties who have lived together for five years. If one partner dies without a Will, the surviving partner inherits nothing under the intestacy rules. Instead, the estate may pass to the deceased partner’s parents or siblings.
There are some important qualifications. If the couple owned their home as joint tenants, the deceased partner’s share passes automatically to the survivor. Also, because they lived together as a couple for at least two years, the survivor may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975. However, a claim is uncertain, stressful and can be costly. A Will is a much clearer way to provide for a partner.
You can see who would inherit in your circumstances using the GOV.UK intestacy tool.
Common myths about making a Will
“It’s morbid” or “I’m too young”
Thinking about your own death is uncomfortable, especially when you are young and healthy. However, life is unpredictable. Making a Will is not about expecting the worst. Instead, it is about making sure the people you care about are looked after if something unexpected happens.
This matters most if you have a partner you are not married to, young children, or a home you own. It is often when people’s lives are busiest that a Will matters most.
“It takes too long”
Making a Will is usually more straightforward than people expect. At A.D.E. Wills, the process starts with a free initial chat, online or over the phone, to understand your circumstances. Edward then prepares a draft Will and a personalised booklet explaining it clause by clause, so you know exactly what it says. You can ask for changes until you are happy, and a step-by-step Signing Guide helps you sign it correctly.
“It’s too expensive”
A professionally written Will costs less than many people expect, especially compared with the cost and stress that problems with an estate can cause later. At A.D.E. Wills, all our prices are fixed fees and are set out on our Wills Pricing page.
“I don’t own anything valuable”
You may own more than you think. For example, savings, a pension, a car, jewellery, family heirlooms and digital assets all form part of your life and, in many cases, your estate. Even if your estate is modest, a Will lets you decide who receives the things that matter to you. It can also let you leave a gift to a charity you care about.
Why you need a Will: the main benefits
You choose who inherits
A Will lets you decide who receives your estate and in what shares. So you can provide for an unmarried partner, stepchildren, friends or charities, none of whom inherit under the intestacy rules.
You choose your executors
Your executors deal with your estate after your death. A Will lets you choose people you trust to do this.
You can appoint guardians for your children
If you have children under 18, your Will can appoint a guardian to care for them if no parent with parental responsibility is still living. Without an appointment, family members may need to apply to the court for an order so they can care for your children. Your Will can also set up a trust so money is held for your children until they are older.
It reduces the risk of disputes
Clear instructions help reduce the risk of disagreements between family members. No Will can rule out a dispute completely. However, a well-drafted Will gives your executors and family a clear starting point.
It gives you peace of mind
Above all, peace of mind is a key reason why you need a Will. You know you have set out your wishes and made things easier for the people you leave behind.
How to get started
- List your assets. Include property, savings, pensions, investments and items of sentimental value.
- Decide who should inherit. Think about family, friends and any charities you would like to support.
- Choose your executors. Pick people you trust, and ask them first if they are willing to act.
- Get help with the drafting. A professional Will writer can help you avoid common mistakes, especially if you have a blended family or property abroad.
- Review your Will regularly. Marriage or civil partnership revokes an existing Will unless it was made in contemplation of marriage to a named person. Divorce also affects it, so review it after major life events.
Make your Will with A.D.E. Wills
If you have been putting off making a Will, Edward can help you get it done clearly and without fuss, at your home, at our Oxford office or online. Call 01865 507174 or email info@adewills.co.uk for a free initial chat. You can also read more about our Will writing service.
