A Will is a legal document left by the deceased giving instructions on what should happen after his/her death and how the estate should be divided. Everyone knows they should have one, but often do not understand why. It is the single most important part of effective Estate Planning.

What happens when there is no Will?

Making a Will is the only way to ensure that your wishes are carried out after your death. If you have not made a valid Will, your property (often called your estate) will pass on according to the law of intestacy. This may not be what you want to happen. It is also likely to take much longer to finalise your estate than if you had made a Will. You should be aware that during this time your beneficiaries may be unable able to draw any money from your estate. It can lead to arguments and unnecessary distress for relatives.

Matters to consider

If you are single, you will probably want your estate shared out between friends, relatives and charities of your choosing and in the amounts that you want.

If you are married, it is wrong to assume that your partner will get everything. Brothers, sisters or parents may have a claim. You children have a right to part of your estate. If you are living as a couple but not married or in a civil partnership, you will be treated as a single person and a surviving partner may get nothing at all. You can be certain that there will be uncertainty at a time when the family are trying to cope with the loss of a loved one.

If you are a parent, you should think about who would look after your children in the event they are orphaned. It will not automatically be the children’s God-parents. A valid Will nominating
guardians is essential. If no one knows what you would have wanted, the Court will decide on the future of your children, and it may not be what you or your children would have wished.

If you are retired, maybe you made a Will a long time ago. It may need updating to include additional grandchildren or take account of financial problems some of your children are in. It may need to reflect that you no longer wish to leave anything to some people. It may be that you are concerned about care home fees.

Whatever your circumstances, making a Will is the only way to ensure that your wishes are carried out. So what are you waiting for? If you would like some advice or to arrange a visit please can call FREEPHONE 0800 878 6565 or 07942 959599 or use our contact page and we will call you back.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.

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