More than two thirds of people in the UK die intestate, that is without making a Will. It means that the wishes of many people may not be interpreted as they desire and that those left behind may face even greater upset in dealing with the aftermath.
Making a Will is often associated with facing one’s own mortality but at Breens we prefer to view it as a prudent planning step.
When a Will is made, Executors are appointed who will administer the estate and ensure that the deceased’s stated wishes are fulfilled. In many instances a solicitor is named as one of the Executors to offer guidance and assistance. Sometimes a solicitor is named as the sole Executor to take the burden from family members.
Will Writing Service for Southport and Liverpool
What are the Different Types of Will?
Before you make a will you will need to decide on which type of will is right for you.
Different Types of Will
And various types of trust wills, the main ones are:
- Property Trust Wills which allow you to ensure the value of your property passes down to future generations;
- Life Interest Trust Wills - rather than an outright gift the beneficiary is only given the right to the assests for life ensuring that ultimate beneficiaries benefit;
- Flexible Life Interest Trust Wills - this is similar to a Life Interest Trust however it enables the assets to be directed away from the main beneficiary in favour of other beneficiaries;
- Discretionary Trust Wills in which you appoint a group of suitable people to manage the inheritance.
Why you should make a will
Making a will allows you to choose precisely how your property and possessions should be dealt with in the event of your death. Apart from providing peace of mind a will enables you to:
- Minimise and restrict tax liabilities;
- Choose the Executor(s) to deal with your will after death;
- Create trusts for your children, give instructions on who will look after them and provide a framework to cater for their financial needs until they are sufficiently mature to do so themselves;
- Give gifts or sums of money to specific individuals;
- Make charitable donations;
- Make provision for the continuation and hand-over of your business;
- Give due consideration to claims on your estate from first and second families.
What happens if you die without making a will
The intestacy rules apply and your estate will be distributed as the law determines rather than in accordance with your wishes. Intestacy means that:
- A surviving unmarried or unregistered civil partner will have no automatic claim to any part of your estate;
- Disputes may arise between members of your family about how your estate should be distributed. This could incur legal costs which would use up part of the estate;
- Business partners may be left exposed, putting your business at risk;
- If you have children there could be complications in arranging for their welfare should one or both parents die.
Why you should regularly review your will
If your circumstances have changed since your will was drawn up then it may no longer reflect your wishes. For example, if you have separated and your ex-partner now lives with someone else, you may wish to change your will.
We recommend you review your will every five years to ensure it remains relevant to your current lifestyle.