Under half of people in the United Kingdom have a will upon their death. It is of vital importance to ensure that your affairs are in order before your death, to ensure that your wishes are carried out and that your family and friends are caused minimum disruption. Some considerations on whether to make a will are:

• If you die without a will, the courts will decide how to distribute your estate, and there is no automatic provision for your partner or children. By making a will, you can decide who will benefit from your property after your death, and in what shares.
• Without a will, your close relatives may have a claim on your estate against your wishes.
• If you have no surviving relatives and die without a will, your entire estate may pass to the government.
• By making a will, you can make a bequest to charity and take advantage of the tax benefits.
• You can place guardianship provisions in a will. This involves choosing a legal guardian for any children in the event of your death to take on parental responsibilities.
• In a will, you can appoint your own executors. These are the people nominated to carry out the instructions in your will and deal with the distribution of your estate.
• A will allows you to place conditions on your legacies. Under intestacy rules, any child beneficiaries will receive their inheritance at age 18. In a will, you can specify at what age they should receive any benefits, and whether this should be in the form of an income or capital.
• By making a will, you can minimise the tax liability of your estate.
  

Married couples/ civil partners with an estate worth under £250,000.

Your spouse/civil partner will inherit your estate in its entirely.

Married couples/ civil partners with an estate worth over £250,000

Your spouse/civil partner will inherit the first £250,000 tax free, together with any personal items. They will hold a life interest on the remainder of the estate. This means that they can draw interest on it, but have no entitlement to the capital. Any children (or grandchildren) would be entitled immediately to half of the sum over £250,000, and the remaining sum on the death of your spouse. If there are no children, the remaining share would go in the same manner to surviving parents. If no surviving parents, the share goes equally to your siblings, then their children. It is only if the deceased has none of the above relations that the remaining share will revert to your spouse or partner.

Unmarried partners

Without a will, your partner will have no automatic entitlement. Any children will share your estate, and if they predecease you, your grandchildren will inherit. It may be possible to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

No surviving spouse or partner

Again, under the Intestacy Rules, any children will inherit your estate. If there are none, the estate will be shared in order of priority between; grandchildren, parents, siblings, grandparents, aunts/ uncles or their children.

If you have no other relatives, your estate will go the Crown.

Who cannot inherit?

The following people have no right to inherit where someone dies without leaving a Will

• Unmarried partners. Worryingly, many people believe that after a couple of years of living together they become ‘common law husband and wife’, with the same rights as married couples. But this isn’t the case.
• Lesbian or Gay partners who have not entered into a civil partnership
• Relations by marriage
• Close friends
• Carers

It may be possible for those who fall into the above categories to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Can I prepare a will without using a solicitor?

There are many will writing packages available from the internet or High Street boasting a ‘Do It Yourself’ service. Whilst these advertise a quick and thrifty option, remember that a will is an important legal document, and failure to follow the legal formalities may render it invalid. Your executors and beneficiaries may also incur considerable legal fees to examine and rectify errors in a badly prepared will. Any ambiguities or errors in the document may also lead to legal challenges and cause considerable delays.

The Private Client team at DWT Legal have considerable experience in drafting all types of wills, and can ensure that your will is tailored specifically to your requirements, taking all of the stress and uncertainty out of the process. We will also store your document securely at no additional cost for your peace of mind.

Do I need to update an old will?

It is important that your will accurately reflects your wishes. If the will was made some time ago, your circumstances may have changed; such as through marriage, divorce or a new family member. You cannot simply alter an existing will, as this may invalidate the whole document.

Updating your will can be a simple process. You can either make a codicil, for minor amendments, or prepare a fresh document to replace the original.

Call Maggie today on 0844 770 3799, email her on This e-mail address is being protected from spambots. You need JavaScript enabled to view it or contact her using the contacts page of our website to discuss your circumstances