Why do I need a will?
Having a valid will is advantageous as it ultimately ensures you have control over the distribution of your estate and that you are loved ones are provided for in accordance with your wishes. It is a common misconception that in the absence of a will the rules of intestacy will distribute your estate in a fair manner, yet whether it’s fair will solely rely on who you wish to inherit your estate as it’ll only go to your closest blood relatives.
Intestacy
If you have never made a will, or your will is invalid the distribution of your estate will be done in accordance with the intestacy rules, which are principally contained in Parts 3 and 4 of the Administration of Estates Act 1925.
Married or civil partnership but no children:
If you are married or in a civil partnership with no children, then your estate will pass to your partner. If you wish to leave some of your estate to a friend, family member or charity you will be unable to do so under the rules of intestacy, and it is imperative you make a will.
Married or civil partnership with children:
It is more complex if you are married or in a civil partnership and have children. Upon your death, you partner will receive your personal possessions and the first £322,0001 of your estate and then one half of any remainder. Your children will receive the other half of any remaining estate. However, it is important to note that in this context ‘children’ does not include stepchildren, so if you wish to provide for any stepchildren, it is vital you have a will.
No marriage or civil partnership:
If you are in a relationship but you are not married or in a civil partnership and have no children, your partner will not receive anything under the rules of intestacy. Instead, your estate will pass to your closest blood relative and follow the bloodline as set out in the intestacy rules. If you are not married or in a civil partnership but do have children, then your estate will pass straight to your children with no provision for your partner.
Control in the execution of your wishes
Appoint executors of choice to administer your wishes:
By having a will in place, you can select your executors to ensure you choose individuals who are reliable and trustworthy. You may also wish to communicate your wishes to your executors regarding your personal belongings and chattels. This can ensure you have peace of mind about the distribution of your estate after your death, as you know who will be responsible for the administration.
Ensure your estate goes to your selected beneficiaries:
A will means that your estate can go wherever you please, you can leave it to friends, neighbours, organisations or charities, there is no rule of Forced Heirship in the UK.
Appoint guardians if necessary:
A will is vital for ensuring security for any of your children under 18. In your will you can specify who you wish to care for your children should you pass away, these are referred to as ‘guardians’. If you do not have a will, the court will have the power to decide who will be the children’s legal guardian, and this could be someone who you would not have chosen. By having a will which deals with the appointment of guardians, you can be reassured about who will care for your children if you pass away.
Easier administration
More straightforward administration upon death:
If you have a will, your executors can apply for probate and deal with the distribution of your estate in a straightforward manner.
If you die intestate, the process is more complicated and costly, particularly as an administrator will need to be appointed to deal with estate matters.
A valid will allows you have to peace of mind about the administration of your final wishes and control over where your estate goes.
If you’d like to find out more information about wills contact us on 01308 422313 or via our main contact page.
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