10 Reasons for Making a Will

This information is available as a download at the bottom of the page.

1.To ensure your assets are distributed according to your wishes.
Without a will strict legal principles will decide who will inherit your assets.

2.To provide for your partner
Unmarried couples will not automatically inherit on the death of their partner.

3.To provide for your spouse
A spouse will only automatically inherit a third or a half of their spouses assets.

4.To provide for step children
Step children do not automatically inherit.

5.If you have recently divorced or separated
Getting a judicial divorce or separation does not revoke a previous will where you may have specifically named your spouse.

6.To appoint a guardian for minor children
In the event of your death you can ensure people you trust look after your children.

7.To set up a trust for beneficiaries
You can ensure that a portion of your estate is placed upon trust until the beneficiary reaches a nominated age.

8.To nominate an executor
Without a will an administer will be appointed to administer your estate. By making a Will you can ensure it is someone you trust.

9.To avoid unnecessary costs or family conflicts
Your wishes are clear in a will thereby reducing conflict.

10.To deal with the issue of advancements
You can ensure any former payments to children are clear as to whether they should form part of your estate or not.

The Law: Who inherits if you don't have a will?
If you don't have a will there are rules for deciding who inherits your assets, depending on your personal circumstances.

If you're married or in a civil partnership and there are no children
The husband, wife or civil partner won't automatically get everything although they will receive:

• personal items, such as household articles and cars, but nothing used for business purposes
• £450,000 (£200,000) free of tax - or the whole estate if it was less than £450,000 (£200,000)
• half of the rest of the estate

The other half of the rest of the estate will be shared by the following:

• surviving parents
• if there are no surviving parents, any brothers and sisters (who shared the same two parents as the deceased) will get a share (or their children if they died while the deceased was still alive)
• if the deceased has none of the above, the husband, wife or registered civil partner will get everything

If you're married or in a civil partnership and there were children

Your husband, wife or civil partner won't automatically get everything, although they will receive:

• personal items, such as household articles and cars, but nothing used for business purposes
• £250,000 (£125,000) free of tax - or the whole of the estate if it was less than £250,000 (£125,000)
• a life interest in half of the rest of the estate (on his or her death this will pass to the children)
• The rest of the estate will be shared by the children.

If you are partners but aren't married or in a civil partnership

If you aren't married or registered civil partners, you won't automatically get a share of your partner's estate if they die without making a will.

If there is no surviving spouse/civil partner

The estate is distributed as follows:

• to surviving children in equal shares (or to their children if they died while the deceased was still alive)
• if there are no children, to parents (equally, if both alive)
• if there are no surviving parents, to brothers and sisters, or to their children if they died while the deceased was still alive
• if there are no brothers or sisters then to half brothers or sisters (or to their children if they died while the deceased was still alive)
• if none of the above then to grandparents (equally if more than one)
• if there are no grandparents to aunts and uncles (or their children)
• if none of the above, then to half uncles or aunts (or their children)
• to the Crown if there are none of the above