In fact, research suggests that more than 50% of adults in the UK do not have a Will in place and are asking the question “why make a will?”. If you don’t have one in place, you are not alone, but you should do something about it. 

There are a number of reasons why people hold off putting in place a Will or just don’t even consider the importance of writing a Will. They may feel the process will be complicated or that as they don’t have much to leave behind what is the point of making a Will. Others don’t like to think about it at all as it is a bit morbid!

However, a Will is one of the most important documents a person can put in place in their lifetime. When considering who should inherit your assets why leave it to chance? 

If you are questioning why make a Will, there are a number of reasons why this kind of legal document is vital:

• You can confirm any particular funeral wishes you may have so that it is clear to your next of kin what you want; 
• You can choose who will manage your assets when you die (your Executors) and will make sure that they are divided in accordance with your wishes; 
• If you want to leave particular personal items or sums of money to friends or relatives then your Will allows you to do this; 
• If you have children under 18, you can appoint guardians in your Will to look after those children if you die before they reach 18; 
• You can choose exactly how your assets are divided when you die; 
• If you have business or agricultural assets then a Will allows you to gift them in potentially a more tax-efficient way; 
• A Will provides peace of mind for you (and your next of kin) that you have something in place that can be implemented when you die. It will also stop family members from nagging you about whether you have put one in place! 

If you don’t have a Will then your estate will be dealt with in accordance with the intestacy rules, which date back to 1925. 

The consequences of not having a Will can include the following:

• Uncertainty when you die about who should deal with your funeral arrangements and then take the initial steps in managing your assets;
• Uncertainty about how your estate should be divided – it could end up being split between blood relatives of yours that you did not intend to benefit; 
• The intestacy rules do not recognise unmarried couples no matter how long a couple have been together. This could mean that unless you have jointly owned assets with your unmarried partner they could lose out if you die without a Will in place. 
• Potentially unwelcome tax consequences for your estate. 

Given that failure to have a valid Will can have a number of negative implications for your loved ones, the importance of writing a Will cannot be understated. There are undoubtedly a lot of things to consider when putting yours together but this should not dissuade you from taking the time to consider your Will at the right time in your life.

At Kitson Boyce, our expert Private Client lawyers have a wealth of experience in drafting suitable Wills and ensuring that you have made the appropriate considerations when understanding why you must write one. Our Will writing experts provide the highest levels of legal guidance and client satisfaction, giving you peace of mind that your wishes will be respected and legally binding.

If you wish to discuss why you should make a will or need to begin the process of putting suitable provisions in place, please do not hesitate to get in touch with our expert Will lawyers in our Devon-based Private Client team at [email protected] or 01803 202020.