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Answers to some of the most often asked questions
Writing a Will is the best way to have a say over what happens when you die. This is incredibly important if you have children under 18, as it allows you to state who you want to be their legal guardian if anything happens to you. Without a Will, the courts could be left to decide who looks after them.
Writing a Will also allows you to set out how you want to divide up your estate, including any property or accounts you own. You can make an inventory of your assets and choose exactly how much you want people to inherit, helping to prevent any family disputes when you’re gone.
On average, it costs families around £9,700 when their loved one dies without a Will. This is usually made up of assets they can’t find or don’t know exist. When you make a Will, you can make an inventory of your assets so your loved ones know exactly where to find everything.
If you die before making a Will, any assets that can be found will be divided up following the rules of intestacy. These are a set of traditional laws that define exactly who gets what – but they may not follow exactly what you would want.
Many people assume they need to see a solicitor to write a Will. But if your requirements are fairly simple and straightforward, you could end up paying more than you need to.
In the UK, there are over 30 million adults who haven’t written a Will. And while many are probably putting it off until later life, it’s inevitable that some people will die before they ever get the chance to make one.
When someone dies without writing a Will, they are known as ‘intestate’. This is also the name given to people who have a poorly written Will that doesn’t cover the whole estate, or people who write a Will but don’t get it signed by witnesses to make it legally binding. In cases where the person who died didn’t make a Will, the rules of intestacy come into play.
The rules of intestacy are a set of laws in England and Wales that define what happens to someone’s estate if they die without a valid Will.
For most married couples, a Joint Will is usually the best option. This allows each of you to write your own individual wishes without having to pay for two separate Wills. For more complex relationships, a Trust may be a better option.
A Joint Will is actually made up of two individual Wills – one for each person in the relationship. This gives you the freedom to either echo each other’s wishes or write your own, depending on what’s right for you.
A Mirror Will is a pair of Wills for couples who want to mirror each other’s wishes. Most commonly, couples will choose to leave everything they own to their partner, then their children.
You can avoid Inheritance Tax by leaving everything to your spouse or civil partner in your Will. Alternatively, you could reduce your Inheritance Tax bill by giving gifts while you're alive or leaving part of your estate to charity.
Lasting Power of Attorney is a legal document that allows someone to make decisions for you, or act on your behalf, if you're no longer able to or if you no longer want to make your own decisions. If you don't make an LPA, and later become unable to make certain decisions for yourself, there may be a time when no one can legally make decisions for you. This can make things difficult, such as paying bills or care costs, or making decisions about your future care.
