Why make a Will?

Amazingly over 70% of the people in England and Wales do not have a valid Will. So why should you make a Will? I get asked this question a lot. Most people wrongly assume that if they are married then everything will go to their spouse – wrong. When someone dies without a Will they die Intestate. This means that the state will write one for you and for most people the result is not what they would have wanted.

Statutory Wills are written by a strict code called the The Laws of Intestacy. These rules have not changed for 80 years and there is a strict hierarchy of who gets what. For a full breakdown of the process used see below.

Without a valid Will The Laws of Intestacy are just the start of the problems that the remaining family will encounter. If there is no will then the probate office will need to appoint administrators – normally family members and Letters of administration will be issued. This means that:-

a) The process takes a lot longer, this may deprive potential beneficiaries of their due Inheritance for longer and leave them in financial hardship

b) The process may be a lot more expensive especially if lawyers have to get involved.

c) The deceased estate may not go to who they wished it to go to.

d) Any gifts to people or charities outside immediate family members will not happen.

c) If there are children involved then you would  not be able to nominate Guardians of your choice – very important. 

The laws of intestacy.

1) Single person – no children

Their estate will pass to their parents if alive

If No parents then it will go to brothers and sisters in equal shares 

If No Brothers and Sisters then it will go to Half Brothers and sisters

If No half brothers or sisters then it goes to Grandparents

If No Grandparents then it goes to Aunts and Uncles

If no other relatives then it all goes to the Crown.

2) Single Person – With Children 

Thier estate will pass to their children in equal shares 

If there are No children estate will pass to their parents if alive

If No parents then it will go to brothers and sisters in equal shares 

If No Brothers and Sisters then it will go to Half Brothers and sisters

If No half brothers or sisters then it goes to Grandparents

If No Grandparents then it goes to Aunts and Uncles

If no other relatives then it all goes to the Crown.

3) Unmarried Partners 

The partner is entitled to nothing – there is a miss conception about common law husbands and wives. They can apply to the court for a share of the estate but it is time consuming and costly.

They will be treated as single people with or without children and the same rules as above apply

4) Married couples or couples in a Civil partnership 

If the estate including the house is below £125,000 the spouse/partner will inherit everything

If the estate is above £125,000 and their are children then the spouse gets the first £125,000 and a lifetime interest (i.e. any income it would produce) in half the remainder. the rest would go straight to the children

If the estate is above £125,000 and their are no children then the spouse/partner is entitled to the first £200,000 of the estate. The rest would go along similar lines as above. i.e. To the parents, if no parents then to brothers and sisters etc.

If their are no other living relatives then the spouse/partner would inherit everything.

As you can see the Laws of Intestacy could cause all sorts of problems for remaining family and in some cases of unmarried couples the remaining partner could be left with absolutely nothing. 

There is no valid reason for not writing a Will. Its is relatively simple and painless and generally quite cheap.

There are plenty of online services that you can use. We have found that Tenminute Will is by far the best in terms of ease of use, cost and the quality of the documents produced.