Why Write a Will?

If you've ever wondered whether you really need to write a will, the answer is almost certainly yes. Here's a comprehensive look at why writing a will matters and what can happen if you don't.

The consequences of not having a will

When someone dies without a will (intestate), their estate is distributed according to strict legal rules. These intestacy rules were last updated in 2014 and may produce results you wouldn't want:

For married couples

Your spouse doesn't automatically get everything. If you have children, your spouse gets the first £322,000 plus personal possessions, and only half of anything above that. Your children get the rest.

For unmarried couples

Your partner gets absolutely nothing under intestacy rules - even if you've been together for decades, have children together, or own a home jointly. Everything goes to blood relatives.

For those with stepchildren

Stepchildren you've raised as your own receive nothing unless you've formally adopted them. Only biological and legally adopted children inherit.

Who needs a will most?

While everyone should have a will, it's especially critical if you:

• Live with a partner but aren't married
• Have children from different relationships
• Want to leave anything to friends or charities
• Own property
• Own a business
• Have complex family relationships
• Have specific wishes about your funeral
• Want to protect vulnerable beneficiaries

What can you include in a will?

A will isn't just about who gets what. You can also:

• Appoint guardians for your children
• Set up trusts to protect assets
• Specify when beneficiaries inherit (at 18, 21, 25, etc.)
• Leave instructions about your funeral
• Make charitable donations
• Specify how debts should be handled
• Include letter of wishes for guidance to executors

Common myths about wills

"I'm too young to need a will"

Anyone over 18 can make a will, and should. Accidents happen at any age. If you have any assets or anyone who depends on you, you need a will.

"Everything will go to my spouse anyway"

Not necessarily true - see the intestacy rules above. And even if your spouse does inherit, is that what you want for your children?

"Wills are expensive"

Online will services have made will-writing affordable for everyone. You can get a solicitor-checked will for less than the cost of a nice meal out.

"My family know what I want"

Unless it's written in a valid will, your wishes have no legal force. Verbal instructions can be disputed, misremembered, or simply ignored.