Why make a will?

People give all sorts of interesting reasons for not making a will. Some view the whole subject as morbid and unpleasant and so prefer not to think about it at all. Some people simply cannot make their minds up about what they want their will to say and so it is never drawn up. Some people assume that their estate will automatically go to their husband, wife, partner or children and so do not see the need for a will at all.

Ultimately, a will is an absolute necessity for every adult in the country. It is understandable to find the idea of making provision for your own death an uncomfortable one, however putting off making a will does not make the problem go away. Indeed, by focussing on how unpleasant you find it rather than on what your family and friends need, you are storing up problems that they will have to deal with after you have passed away.

Indecision is likewise understandable, but it need not hold up you making your will. We can sit down with you, understand your concerns, questions and uncertainties, talk through your options and help you to decide on the most suitable wording for your will. It may be that you will need to revisit your will at regular intervals as your circumstances change, or we may decide to put a simple will in place that covers the basic essentials while you give further thought to some of the finer detail, but at least you will have a will in place – something legally binding and effective.

The assumption that everything you have will automatically go to the person you would wish it to, is a dangerous one.

If you have a partner but are not married and have no will, then that person will not automatically receive any part of your estate and will have to make a claim against your next of kin. If you are married but have other surviving relatives such as children, parents or siblings, then those other relatives would (depending on the value of your estate) receive a share of your estate and unless an agreement could be reached to the contrary, your spouse would not receive your whole estate.

There are other issues to bear in mind beyond “who gets what”. You may benefit significantly from inheritance tax planning advice, which is an essential element of the advice we give to clients when they come to us to make a will. You may also need to include provisions in your will in relation to guardianship of your children, in the event that you pass away when they are still under eighteen years of age. We can and would always deal with all of these elements when preparing a will for you, to ensure your piece of mind.