Why Make A Will?

If you do not have a valid Will at the time of your death you cannot be certain that your estate will pass to whoever it is that you wish to benefit.  If you die without a Will in place your estate will be distributed (and administered) in accordance with Intestacy Law which follows a specific pattern depending upon what family members are alive at the time of your death.

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If you are not married and have no children, your estate will pass to your parents if they are still alive (which may not be appropriate if it is likely they will need nursing home care or already have an inheritance tax problem of their own).  If your parents have predeceased then your estate will pass to your siblings in equal shares.  If any of them have died leaving children, then the share which your sibling would have taken will pass to their children (your nieces and nephews) in equal shares.

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If you are married and have no children, your entire estate will pass to your spouse.

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If you are married with children then your estate will be divided between your spouse and children depending on values which could cause a problem if, like many people, the bulk of your wealth is in your house.  This could result in a situation where your spouse is not entitled to receive the whole property.

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Please note that assets owned as joint tenants will automatically pass directly to the surviving owner.

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It is important that a Will is drafted correctly and does not lead to ambiguity because, quite obviously, at the time it comes into force you will no longer be around to explain exactly what your wishes were.  Problems are very often caused by ‘home made’ Wills which do not actually do what the testator expected.  This can lead to arguments among family members and serves to increase the distress at a time when most people are grieving and really do not need additional problems relating to an estate which could easily have been avoided.

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If you are not married but have a partner, a Will is essential otherwise he or she will inherit nothing.

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Things to consider when making a Will

1. Your executors – these people need to be someone you trust.  They are responsible for dealing with your estate in the event of your death.  Executors and beneficiaries can be the same people if desired but if your children, for example, do not see eye to eye, it is better to choose independent people to act as executors.

2. Do you wish to express your funeral wishes – these are only wishes (and not binding instructions) in a Will but would give those left behind an idea of what you would like.

3. If your children are under 18, you will need to appoint a guardian to look after them in the event that both parents die together in a common accident.  It is a good idea to discuss this with whoever you choose to make sure they are happy to take on the responsibility.

4. Do you wish to make gifts of your personal items, eg jewellery or family heirlooms.  If so a full description of the item should be given to avoid ambiguity.

5. Do you wish to leave a set amount of money to anyone?  If so consider the amount.

6. Who is to receive the remainder of your estate and in what shares?  If your beneficiaries are children, at what age would you want them to inherit.  Would you like to leave more to one beneficiary than another?  Would you wish to name a charity?

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It is vital to make the right choices and if you feel you would like to discuss any aspect please do call us on

Paul - 07940 031815  | Paul@thetrustedwills.co.uk

Roz - 07377 958768 | Roz@thetrustedwills.co.uk