What Happens If I Don’t Make A Will?
What happens if I don’t make a Will?
If you die without an official Will in place, you will be dying ‘intestate’, meaning statutory rules apply. Your estate may not be distributed in a way that reflects your wishes. It’s important to create a legal Will to ensure your plans are fulfilled.
Statutory rules mean:
You have no control over who inherits your estate
Your spouse is not guaranteed to inherit your estate
There may not be provisions set in place for your family
Unmarried partners and charities will not benefit
The inheritance tax due on your estate may be at a higher rate
We are authorised and regulated under the Solicitors Regulation Authority (SRA), meaning our services are reputable and trusted. We offer legal advice on a wide range of topics relating to your will, regardless of your circumstances. Our experienced and compassionate solicitors will help you to write your will and gather all your legal documents together safely.
Why Do I Need A Will?
Why do I need a Will?
With a Will, you can:
Save time and money for your family in terms of administering your estate
Put provisions in place for unmarried partners and charities
Outline if there are people you do not want to inherit from your estate (e.g. a family member you don’t get on with)
Appoint guardians for your children
Choose to provide for friends
Whether you have family you wish to provide for, or you’re single with no children, it’s important to have a Will in place so you can choose what happens to your estate after your death.
Having a Will ensures your children and/or grandchildren, nephews and nieces are provided for, and you can choose how they receive their inheritance. Without a will, your children will receive their inheritance at 18, which isn’t always wise. You can also choose to place inheritance in a trust, which allows your chosen trustees to choose how the inheritance is used.
If you don’t have any blood family, it’s still recommended to have a Will. The important thing is that a Will gives you the choice on how to distribute your estate.
When Should I Review My Will?
It’s advised to review your Will every three to five years, or after each significant life event. This includes births, marriages and deaths. Don’t forget the law changes too, which can also impact your Will.
To ensure your Will is kept up to date, and that your wishes are still accurately reflected, you must regularly review it, updating when needed.
Some of the main reasons a review is necessary include:
One of your beneficiaries has passed away
You get married, as this invalidates any previous Will
You get divorced
You separate from your partner, as separation doesn’t affect the will, meaning any gifts to them will still be in place
You have children
The value of your wealth significantly decreases or increases
You are selling or getting rid of an asset stated as a gift in your Will
The personal circumstances of a beneficiary changes, such as a divorce or financial hardship
Can I Create My Will Without Legal Assistance?
While you can make your own will without the use of a solicitor, it’s not widely recommended, due to the risk that comes with it. It may be incorrectly signed or witness, the terms may be unclear, and there will be no regulation on behalf of the Will writer.
More often than not, homemade Wills are subject to contestation, which can lead to the wishes in the Will not being carried out. This creates a much more difficult situation in the long run. Without a solicitor, there is also lack of correct insurance to cover negligently drafted Wills.
It is always advised to seek legal advice and use a solicitor when it comes to creating your Will.
Our Fees
Hannah Solicitors offer a range of Will writing services to suit every individual’s circumstances, from bespoke Wills to handling complex estates.