Introduction
Your will is the document that makes sure your wishes are followed after you die. Having a will means you decide where your money and property will go, and can save your family from a great deal of stress.
Thinking about what happens after you die isn't easy, but it’s something we all need to address. Making or updating your will can be easy to put off or forget. But it is one of the most important things to put in place to ensure your wishes are carried out when you are gone.
When someone writes a will, they write down what they would like to happen to anything they own after they die. It’s also somewhere where you can record important decisions such as who should be guardian to your children, and you can use it to document other things too, such as where you would like to be buried.
Making sure your wishes are followed
A will lays out exactly how you want your money, property, and other belongings (your assets) to be shared out. Without a will, your assets may not go where you want them to. Even if you think it's straightforward — for example you might assume everything will just go to your spouse or partner — you need to make sure the law agrees, and that you and your family are protected when circumstances change.
By creating a will, you can name specific people to inherit certain assets, such as money, property, or personal items that hold sentimental value. You can make sure that everything from your savings to family heirlooms are passed down to the people or causes that matter most to you.
When you think about your will, there are some important things you should consider.
Partners and spouses
Many people in the UK live with long-term partners without getting married. However, this can create complications when it comes to inheritance. The law doesn't automatically recognise unmarried partners, no matter how long you've been together. If you don’t have a will in place, your partner could be left with nothing.
If you don’t have a will your money and property will be distributed according to rules known as the ‘rules of intestacy’ (see below). These don’t protect unmarried couples, even those who live together or have children together. Instead, your assets may go direct to any children or to other relatives.
When you have a long-term partner you could think about writing your wills at the same time. Depending on your circumstances you might be able to write ‘mirror wills’ and save some costs.
Children and dependents
If you have children, a will becomes even more important.
In your will, you can appoint a guardian — someone you trust to raise your children and look after their needs. You can also set up trusts or make specific financial provisions for their future, from education to living expenses, and do the very best you can to make sure they are supported if you are no longer around.
If you are not married or in a civil partnership and die without a will your children may inherit instead of your partner.
Extended families
Family structures today can be complex, with blended families becoming more and more common. If you have children from different relationships, or you and your partner have children together, as well as from previous marriages, the distribution of your estate could become a tricky matter.
In these situations, a will is critical. It allows you to specify how much of your estate should go to each individual and on what terms, ensuring that all your children, stepchildren, and other dependents are accounted for. Without a will, the law may split your estate in a way that you wouldn’t agree with, which could cause tension or disputes among family members.
Tax considerations
Writing a will can help you pass on your money and property in the most efficient way. You might be able to reduce the amount of tax on your estate by taking the right advice at the time you write your will. Some time spent planning now can benefit your family in the future.
Other things you can record in your will
A will normally names the person or people who will be asked to sort out the estate after someone dies. These are called executors.
A will can also be a place to record other things you feel strongly about. Some people like to use it to record their wishes regarding their funeral, whether they would like to be buried or cremated and so on.
It can help your family to have a written record of your wishes. It can prevent family disagreements, and it can be comforting to some people to know they are following what someone would want after they die.
Big life changes
It’s important to review and update your will when things change in your life.
Big life events such as marriage, divorce, the birth of children, or an inheritance can all affect what you would like to happen to your estate. Sometimes, for example if you get married, an existing will is no longer valid. It’s a good idea to review your will every few years even if you don’t think much has changed.
Reviewing and keeping your will up to date will make sure your wishes are always reflected, no matter how your life evolves.
What happens if you don’t have a will?
Without a will, the law, not you, decides how to distribute your estate. This is known as dying intestate. When someone dies intestate then their estate is shared out according to legal rules called ‘the rules of intestacy’. The intestacy rules set out an order of priority which allows married partners, civil partners, children and some other close relatives to inherit the estate. The division may depend on the size of the estate and the division is set out in law.
If someone dies with no surviving close relatives, their estate could end up going to the Crown (the Government).
When someone dies without leaving a will, the following people have no right to inherit:
Any member of couple who was not married or in a civil partnership with the person who died. There is no provision for what are sometimes called ‘common law’ partners.
Relations by marriage
Close friends
Carers
There are sometimes ways to apply to court for financial provision from the estate, but this can be difficult and stressful.
How to go about getting a will
Making or updating your will can be easy to put off or forget. But getting started can be easier than you think. If you need to write your will, our step-by-step guide [link] will help you take the first steps.
How Trustestate can help
You may need a professional to help you draft your will, especially if your situation is at all complicated. Trustestate can help you get in touch with a trusted adviser and schedule an initial consultation.
What we offer
Dealing with inheritance and probate can be a challenging and overwhelming process. Let Trustestate take out the hassle for a fixed transparent fee. We offer a simple, streamlined service with expert support at every stage, and can signpost to partner services such as will writers.
Use our Complete Probate service and we’ll manage every stage of the process – we’ll take over all the admin, apply to the court for probate, and share out the estate. Or if the estate is simple and you have time, you can use our Grant of Probate service, and manage everything with our easy-to-use online platform. Whichever service you choose, you’ll get dedicated advice every step of the way, and a dashboard to check progress at any time. Book a free call with one of our experts to find out more.
