10 Key Reasons for Making a Will
“I need to make a Will, but I have been putting it off.”
That’s the phrase we hear most often when clients come to see us about making their Wills.
Blog By Stephanie Breeden
To help anyone in the same position, we have put together ten key reasons why making a Will is so important and what happens if you die without a Will.
1. You stay in control.
A Will ensures that you decide what happens to your estate when you die — who inherits, and what they receive. Without a Will, the Law of Intestacy determines who benefits, and this may not reflect your wishes or expectations. You also choose who will manage your affairs after your death (Executors or Trustees).
2. You can provide for your partner.
If you are unmarried, the intestacy rules do not automatically recognise your relationship. This means a long-term partner could receive nothing from your estate. A Will ensures that your partner is properly provided for.
3. You can make specific gifts and donations.
A Will allows you to leave particular assets, sums of money, or personal items to chosen individuals or charities. Without one, your estate is distributed as a whole under the intestacy rules, which may result in assets needing to be sold — sometimes creating problems if, for example, a dependant lives in your property, or you own a business.
4. You can help avoid family disputes.
While a Will can occasionally be contested, the courts are generally reluctant to override clear, written wishes. Having a valid Will in place greatly reduces the risk of costly and stressful disagreements.
5. You can choose guardians for your children.
If you have children under 18, a Will enables you to name guardians you trust to care for them should the worst happen.
6. You can protect disabled or vulnerable beneficiaries.
Your Will can include a trust to manage the inheritance of a disabled or vulnerable loved one, ensuring their needs are met appropriately. Without a Will, accessing funds for such beneficiaries can require a lengthy and expensive court process.
7. You can protect your home and assets.
Couples can structure their Wills so that each partner’s share of the family home is safeguarded from being used to pay for care home fees, while still allowing the surviving partner to live there for as long as they need.
8. You can simplify the probate process.
Naming your beneficiaries clearly in your Will makes the administration of your estate much smoother and faster. Without one, locating and confirming beneficiaries can lead to unnecessary stress, costs and delays.
9. You may reduce Inheritance Tax.
Careful Will planning — such as leaving gifts to charity or passing assets to direct descendants can help minimise inheritance tax liability and ensure more of your estate goes to those you care about.
10. Because life is unpredictable.
Many people delay making a Will because they don’t want to think about death, but waiting too long can make things much harder for your family. Having a Will in place brings peace of mind that your affairs are in order and your loved ones will be looked after.
What happens if someone dies without a will?
If one dies without a valid will, known as dying intestate, this means the estate is distributed according to the intestacy rules defined in the Administration of Estates Act 1925 and the Inheritance and Trustees’ Powers Act 2014 (ITPA 2014). These laws dictate who receives your assets, and the results may not reflect your wishes. Key consequences include:
- Loss of control over distribution – The law determines who inherits your estate, potentially excluding partners, stepchildren or close friends you would have wanted to benefit.
- Potential family disputes – Without clear instructions, disputes among family members are more likely, leading to costly and prolonged legal battles.
- Delays and higher costs – The probate process becomes more complex and expensive when there is no will, potentially depleting the estate before beneficiaries receive their inheritance.
- Unmarried partners receive nothing – Cohabiting partners have no automatic legal right to inherit under intestacy laws, leaving them financially vulnerable.
- Assets may go to the government – If no eligible relatives are found, your entire estate could pass to the Crown rather than to individuals or causes of your choosing.
For guidance on preparing your Will and details of our costs, please contact our Private Client department. Our experienced solicitors and paralegals are here to make the process straightforward and stress-free.
01789 772955
