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Why make a Will ?

The question is why make a will at all?  When you die, everything you own including bank accounts, property, cars, businesses and all your personal items are part of your estate. Under English and Welsh law, you can leave whatever you want to whoever you want under your Will, provided you have the capacity to make one.

If you do not have a Will you would die intestate. There are then strict rules that have to be followed as to how your estate must be divided, known as the Intestacy Rules.

This can mean that certain individuals may benefit from your estate, who you would never have wanted to receive anything.

The Intestacy Rules cannot be ‘changed’ to suit any situation because for example someone believes you would have wanted specific things to happen. Basically, no will = no choice the Intestacy Rules have to be followed.

That may not be a worry for many people, but there are several things worth considering, for example;

  • Who would you trust to deal with your estate when you die and distribute it as you would want?
  • Whether you would want your children to inherit a large sum at the age of 18 or would you prefer them to have to wait a while, until they reached 25?
  • Would you like to indicate who should look after the children in the event both mother and father are no longer here?
  • Are there other individuals you would wish to receive something after you have gone, or even Charities that you would like to benefit?
  • Do you have a business that will need to continue?
  • Will there be tax implications if you leave a business to a spouse?

There are many issues to consider particularly where children and businesses are concerned and none of which can be addressed in the absence of a valid Will.

Remember No Will = No Choice.

So hopefully I’ve persuaded you to think about whether you need a Will.

It may be worth now looking at our other guide Why use a Lawyer to Prepare your Will?


Please note that information which we provide in our guides is in outline for information purposes only. The information is not a substitute for advice from a professional adviser. We cannot guarantee that information provided by our guides will meet your individual needs, as this will depend on your individual circumstances. You should therefore use the information only as a starting point and always seek professional advice if you are unsure.

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