Why You Should Make a Will

It’s incredibly common for people to delay making a will. If we’re not sick or old then we have no reason to think we will die – and who wants to spend time thinking about death anyway? However, creating a will is essential if you own anything of reasonable value, and you want to ensure said assets are left to those that you choose. What’s more, a will can reduce probate fees and the hassle involved in obtaining it. If you don’t make a will then it is the law that decides who will receive your assets, and how much. If you are married and have children then much of your estate will automatically be passed to them.

While this might not seem like an issue if it is your partner and children you want to benefit, what happens if you have an estranged child who hasn’t spoken to you in years? You would probably want to leave more to the child that visits you once a week for a cup of tea and a chat, right? If you failed to leave a will, your assets would be distributed between them equally.

In addition if you are separated (but still married) then your ex-partner would still be entitled to their share, whether or not that is what you want to or believe should happen.

If you are not married but are living with a long-term partner, then not leaving a will could leave them with nothing. They could make a claim for their perceived share, but there is no guarantee it would be granted. There would also be no provisions in place for looking after anybody else that is not an immediate member of your family, no matter what impact they might have had upon your life.

In addition, having a will in place makes the process of obtaining probate much simpler. Probate is needed following most deaths – it is the legal proceeding involved in establishing exactly who is entitled to what and ensuring said inheritance reaches the correct people.

Obtaining probate can be difficult, time-consuming and costly. Depending on the value of the assets, and the complexity of the case, the probate cost can be substantial. The probate cost however will be much more substantial if there is no will. The added time and complications involved in the matter will mean that the probate fees could easily spiral out of control.

The effort involved in obtaining probate is additionally something that nobody would want to wish upon their loved ones following their death. Obtaining probate can be incredibly stressful, yet this stress can be reduced simply by ensuring a will has been written. Surely the security of knowing where your assets will end up, combined with the knowledge that your loved ones will incur no added stress upon your death are enough reasons to make writing a will worth the effort?