Important not urgent maybe.  You’ll get around to it sometime.  Too young perhaps? According to a recent survey*, 67% of adults don’t have a Will, or have a Will which is out of date.  If you die without a Will you can leave those you love most with uncertainty, not to mention a huge administrative headache at a time when they are least able to cope.  Not the legacy anyone wants to leave behind really is it? So, why haven’t you got a Will? Solicitor Jason Crocker explores the reasons and consequences of not having a Will.

What happens if you die without a Will? Perhaps not what you might assume.

One contributory factor to the misconceptions in this area is the lack of awareness around the Rules of Intestacy.  Many assume their partner or kids will automatically inherit as next of kin.  However, perhaps surprisingly outdated to some, the law does not recognise informal relationships.  Blended families do not exist as far as the law goes. Even if you live together and have kids, there’s no guarantee that they will inherit.  And speaking of families, Wills also cover guardianship of children.  If you die without a Will in place, the courts would decide who would be best to have your kids.  Surely you want a say in that? We discuss in detail what happens if you die without a Will in this blog, written by Solicitor Lucy Wilton.

The 5 most common reasons people haven’t made a Will

Anyway, considering the above, it’s fascinating to look at the reasons why people say they don’t have a Will.  So which category do you fall into?

27% of people said that they had nothing to leave. Perhaps you don’t own your own house, but you must have ‘stuff’, including sentimental items which you’d like to leave to certain people.  And possibly a pet? What would happen to it all if you die without a Will, do you want to leave your family to fight over sentimental bits and pieces?  Rather like a messy divorce, that is what it tends to come down to, and it’s not pretty.  

21% put it down to cost. A Will can involve Estate Planning which can actually mean that your loved ones will pay less in Inheritance Tax, so although it might be viewed as a ‘grudge spend’ it can save money in the longer term.  There are different types of Will, some cost less than others and have different benefits.  It’s worth a conversation when you contact a solicitor.  You could go with a DIY Will or a Will Writing service, but these can turn out to be a false economy if mistakes are made and the resulting Will is invalid. You should be aware that unlike solicitors who are regulated by the SRA, Will Writers are not regulated, and you could find that your ‘expert’ has no legal qualifications or experience. You may also find they charge you to store your Will and potentially they expect you to deal with the administration of the Estate on a percentage basis, meaning fees can quickly escalate.

18% said they didn’t have the time. It’s hard when you are busy and have lots of commitments but sometimes, it’s those important but not urgent things which we just need to make time for. It you die without a Will, your nearest and dearest will wish you had somehow found the time.

16% said they didn’t want to talk about death. We find even that those who even get to the stage of beginning the process of making a Will sometimes cancel appointments because they don’t want to face up to their mortality and deal with difficult issues within their family.  However, it’s often in these circumstances that a Will is most needed. However, no one knows when they are going to die and it is foolish to think we can choose and put this type of thing off. Get it done and it will be off your mind!

16% said it was just too complicated. As mentioned above, the law does not recognise informal relationships which means that if you are unmarried or part of a blended family, should you die without a Will, things may not turn out as you wish for your loved ones.  By making a Will you will ensure that your Estate and your loved ones are cared for in the way you want.

So, don’t put it off any longer and get in touch!

If you’d like to talk about making a Will, our friendly and experienced team would be pleased to speak to you. You can call us on 01872 241408 or email us if you prefer at info@penderlaw.co.uk

*Survey by Will Aid, November 2024