Top 10 Reasons to Make a Will (Even If You Think You Don’t Need One)
Making a Will is about far more than paperwork. At its heart, it is about protecting the people you love, protecting your home and money, and making life easier for those you leave behind.
Without a valid Will, the law decides who inherits and who deals with your affairs. That can create uncertainty, delay and stress at an already difficult time.
Below are the top 10 reasons people choose to make or review their Will.
Protect the people you love
1) You want to decide who benefits
A Will allows you to choose who should inherit from you. Without one, strict legal rules apply, and the outcome may not reflect your wishes.
2) You have a partner who relies on you
If you are married or in a civil partnership, a Will gives clarity. If you are not, a Will is essential because unmarried partners (or those not in a civil partnership) do not automatically inherit.
3) Your family situation is complicated
Second marriages, blended families, adult children and grandchildren can all raise questions. A Will lets you set things out clearly and fairly.
4) You want to avoid family disputes
Although disputes may still arise, clear instructions reduce the risk of misunderstandings and disagreements after you die.
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Protect your home and money
5) Your home is your main asset
For many people, the family home is the most valuable part of their estate. A Will allows you to decide what happens to it, rather than leaving difficult decisions to others.
6) You want control over how your money is distributed
Savings, investments, personal possessions and sentimental items can all be dealt with clearly in a Will.
7) You want to think about inheritance tax planning
Not every estate pays inheritance tax, but where it may apply, proper planning can help make use of allowances and reliefs. This is especially important if you have previously been widowed as it is possible to structure Wills to make the most of the additional allowances.
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Make things simpler for your executors
8) You want to choose the right executors
Executors are responsible for dealing with your estate. Choosing the right people, and naming replacements, makes administration far smoother.
9) You want to reduce delays and stress
A properly drafted Will helps executors understand what needs to be done and reduces the risk of problems or legal challenges.
10) Your existing Will is out of date
Marriage, separation, divorce, moving home, or changes in family or finances can all mean a Will no longer reflects your wishes. Regular reviews keep it relevant.
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Getting your Will right
A Will must be legally valid to work as intended. This includes strict signing and witnessing rules, and clear wording. Changes must be made properly by a new Will or a Codicil.
Professional advice helps ensure your Will does what you expect it to do, and that your family is protected when it matters most.
How we can help
Spall Clark Solicitors specialises in Wills, trusts, lasting powers of attorney and estate administration. Our Wills solicitors are members of STEP and we were ‘Highly Commended’ in the Probate Law Firm of the Year category at the Probate Industry Awards. We advise clients in clear, plain English and take the time to understand what matters to you.
We have particular expertise in advising on cross border estates and complex matters.
If you would like to make a Will or review an existing one, we offer a no charge Will review with one of our specialist solicitors.
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Frequently Asked Questions
What happens if I die without a Will?
If you die without a valid Will, you are said to die “intestate”. This means the law decides who inherits your money, property and possessions, rather than your own wishes.
The intestacy rules set out a strict order of inheritance. Only certain relatives can benefit, and the outcome can be very different from what you may expect. For example, unmarried partners do not automatically inherit, and stepchildren are not included unless they have been legally adopted.
Dying without a Will can also make dealing with your estate slower and more stressful, as there is no named executor and extra legal steps are often required.
Do I need a Will if my estate is straightforward?
Yes. Even where an estate feels simple, a Will is still important. A Will allows you to:
- Choose who should inherit
- Appoint executors you trust to carry out your instructions
- Make things clearer and easier for your family
Without a Will, the intestacy rules apply automatically, regardless of how straightforward your situation may seem. This can still lead to delays, unexpected outcomes and unnecessary stress for those left behind
Can I appoint guardians for my children in my Will?
Yes. If you have children under 18, your Will allows you to appoint guardians to care for them if you die while they are still minors. This is one of the most important ways a Will protects the people you love.
A guardian would take on parental responsibility, making decisions about your child’s care, education and wellbeing. The appointment usually only takes effect if both parents with parental responsibility have died.
If no guardians are named, decisions may need to be made by the court, which can cause uncertainty at a difficult time.
You can read more about how guardianship works, and what to consider, in our article about appointing guardians.
How often should I review my Will?
It is generally sensible to review your Will every three to five years, and sooner if your circumstances change.
Regular reviews help ensure your Will continues to reflect your wishes and works as intended.
Can I change my Will after it has been signed?
You cannot simply amend a Will by crossing things out or writing on it. Changes must be made formally.
This is usually done in one of two ways:
- A codicil: a short legal document used for minor changes
- A new Will: usually recommended for more significant changes
Both must be signed and witnessed in the same way as a Will to be legally valid. For larger or multiple changes, a new Will is often clearer and safer.
Do I need a solicitor to make a Will?
You are not legally required to use a solicitor to make a Will. However, many problems arise from Wills that are unclear, incorrectly signed, or fail to deal with important issues properly.
Using a solicitor helps ensure:
- Your Will is legally valid
- Your wishes are clearly recorded
- Your family and executors are protected from avoidable problems later
Professional advice is particularly valuable where there is property, family complexity, or a need for tax or trust planning.
Checklist for when you should review your Will
- You haven’t got a Will or your Will is more than 5 years old
- Since your made your Will, you have entered a marriage or civil partnership
- You are getting divorced or have divorced since you made your Will
- Living with your partner but are not married or in a civil partnership
- Recently had children or your children are now adults
- Grandchildren that are not included in your Wills
- You have not reviewed your Will since the changes to the Inheritance Tax rules were announced
- You have a foreign Will that wasn’t made at the same time as your English Will
- Someone named in your Will has died
This article does not constitute legal advice and we recommend you take professional advice before taking any action.
Make an appointment to review your Will
Our solicitors have extensive experience in Wills and can advise on all aspects of making, updating and amending Wills.
To book a free initial consultation, please call us on 01260 769 639. Our solicitors will be happy to meet you at our Congleton office or in your own home. Alternatively, meetings can be carried out online (e.g. via Teams).
