Putting Your Will at The Top of Your To-Do List Matters | Curtis Parkinson
Making A Will Matters

Putting Your Will at The Top of Your To-Do List Matters

Over two-thirds of the UK’s adult population haven’t made a Will. What’s more, over 1.5m people have voided their Wills without realising, by getting married. Worryingly, recent data from a Royal London survey also shows that 5.4m of us wouldn’t know where to start and almost two-thirds of parents don’t have a Will or have one that’s out of date.

Still, most of us realise that making a Will matters. But, it’s just too easy to kick it to the bottom of the pile. Making a Will seems scary. Perhaps even a little morbid. And it’s another expense at a time when we need to economise.

Separating Fact from Fiction

I’m too young to make a Will.

Tragically people die at all ages. Make a Will while you’re able to do so.

Wills are expensive, so I’ll do it myself.

You can. However, your Will is a legal document. Commonly used words and expressions can have a different meaning in law. There are serious risks in doing it yourself. A process-driven online form is rarely a substitute for a face-to-face discussion with an experienced lawyer. Also, unless your Will is properly signed and witnessed, it may not be valid.

I have nothing to leave, so don’t need a Will.

Few of us are wealthy. But if you add up the value of your home, your car, bank account, life insurance, pension and other savings (your ‘Estate’), you may be surprised at how much you have. It’s better to say who should inherit your Estate.

I’m married, so everything will go to my other half.

Spouses don’t always automatically inherit everything from each other. If you die without leaving a Will (intestate), and your Estate is large, your spouse will share your property with your children or other relatives. The same applies if you’re in a civil partnership.

We’re not married but have lived together for years, so my partner will inherit.

Co-habitees (however long their relationship) don’t automatically inherit from each other. There’s no such thing as a common-law wife or husband.

I have no children, so my stepchildren will automatically inherit.

You need to include step-relations in a Will because they do not inherit automatically.

Unintended Consequences

Over time, family structures have become more complicated. Blended families are commonplace. Equally, many people own a home that will increase in value over time. So, putting off making a Will may have serious, unintended consequences.

What happens to your Estate if you die without making a Will depends on your ‘marital’ status. The legal situation is also affected if you have children, whether there are other surviving relatives and your Estate’s value. The only way to avoid intestacy’s unexpected consequences is to make a Will.

In England and Wales, unlike Scotland, anyone can offer low-cost Will-writing services to the public. They do not need professional qualifications or training. But saving money can come at a high price. A poorly written Will can be financially and emotionally harmful for those left behind.

Our Advice

Using an experienced lawyer to draft your Will ensures your Will is clear and legally valid. They will include measures to cover property rights, tax liabilities and financial provision for your family. A lawyer tailors your Will to suit you. For further information, advice or an instant quotation, please contact us. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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