No time to make a Will! Really? by Sangeeta Moore - The Law House Family Law Solicitors, London & Peterborough


No time to make a Will! Really? by Sangeeta Moore

By in All Blogs, Wills, Trusts & Probate Category on February 23rd, 2015

There has recently been plenty of coverage in the media about the importance of making our Wills. Yet the statistics remain grim. Over 50% of the adult population are still without a valid Will. Very rarely is this due to apathy. The most common reason is lack of time because we lead increasingly busy lives. However, we all need to pause and reflect on the following: what would happen to our possessions should we die without making a Will. Have you?

By not making a Will you allow your possessions to be distributed in a set way according to the law. This means that those whom you do not necessarily want to give anything to may end up getting some, if not all of your assets and belongings. The flip side of this is that those you do want to give something to may end up with nothing at all.

The law as it stands today will distribute your estate in the following way if you do not have a Will ( called intestacy):

  • For couples who are married or in a civil partnership, when one of you dies the surviving husband, wife or partner will have all your assets. This is so, provided you do not have any children.
  • If you have children, then your surviving husband, wife or partner will get all your personal belongings and the first £250,000 of your estate. If your estate is small, there may be nothing more to give. This means that your children will have nothing from your estate.
  • On the other hand if your estate is large, the remainder of your estate is divided in half. 50% will pass to your surviving husband, wife or partner and the other 50% to your children.
  • In the event you do not have a husband, wife, partner or children, your estate will pass to your close relatives. That is your parents, brothers and sisters, uncles and aunts etc, may inherit from your estate.
  • If no family member or distant relative can be found when you die, then potentially the whole of your estate could pass to the government.

The law provides no protection if you are not married or in a civil partnership. This could lead to your partner, to whom you are not married or in a civil partnership with, being left with nothing. Equally, it could be that your children would not inherit from your estate if it is relatively small. On another note, you may want to benefit a charity you hold at heart, but without a Will that charity will get nothing at all. It goes without saying that making a Will provides you with the ability to provide for those you really want to help.

If you need expert advice and help on making your Will, please contact me, Sangeeta Moore on 020 8899 6620 or 07825 838 922. Alternatively you can e-mail me at smoore@thelawhouse.com  I make home visits at no extra cost.