I speak to many people about the importance of having a Will but a common question, especially amongst younger people is 'Why do I need a Will?'
Alot of people think that a Will is something you write when you are 'older' however the truth is that it makes sense to have one when you become an adult.
What happens if you don't have a Will?
Without a Will you are considered to have passed away intestate. In this instance the Rules of Intestacy apply and your estate is passed by this. If you are married it passes to your spouse however if you are in a relationship but not married, have children or share your lives together everything will either pass to your parents or children if you have any. This can cause many issues as you can probably imagine.
In addition to this someone in your family would have to apply for a Grant of Probate to be able to deal with your estate. There can be a high cost to this and probably an unexpected one. The cost of a Will is much less than this so it makes sense to make one to avoid future stress for your loved ones.
The benefits of having a Will:
- You can appoint your Executor/s to manage your estate for you when you pass
- You can appoint Trustees, atleast one of them is usually an Executor too, they will ensure that your wishes are met including taking care of savings etc for children.
- You can appoint your Legal Guardians who are those people you choose for your children to live with if you passed away whilst your children are under 18. Without this the decision is taken by the Local Authority and often children are placed into care atleast temporarily.
- You can appoint your beneficiaries, these are the ones you wish to benefit from your estate. You may also wish to exclude particular family members (this may sounds strange but often a breakdown in relationships can mean you wouldn't want them to benefit.
- You can make specific gifts, this might include jewellery, family heirlooms etc.
- You can make some basic wishes for your burial and funeral.
So there are many benefits to making a Will and consequences for not having a Will.
If you have any questions and would like to discuss Wills or any other estate planning concerns please don't hesitate to call on 07851685944 or e-mail [email protected]