Why You Should Not Risk Dying Without a Will

The legal position for married and unmarried couples is very different when considering inheritance and the law surrounding dying intestate. This article shows you why it is a very good idea to protect your family and make a Will.

Six things that could happen if you die without making a will

1) If you are married with children and the legacy you have is worth more than £125,000 your spouse will receive no inheritance.

2) If you are married without children, and the legacy you leave is worth more than £200,000 your spouse will not inherit everything.

3) If you are living as an unmarried couple, your partner will not inherit anything and even if you own your home jointly, it may not pass automatically to him or her. An insurance policy may not pay off your joint mortgage.

4) If you have stepchildren, without a Will, they will not inherit anything from you.

5) If you are separated but not divorced, your husband or wife will still be entitled to inherit from you.

6) You lose freedom of choice.

Six reasons why you should make a Will

1) To ensure that all you own and worked hard for, ends up in the right hands.

2) Because you are worth more than you think.

3) If you die without a Will, all your wealth will be divided by law, without regard for your personal wishes. Everything will not automatically go to your partner.

4) Not leaving a Will could create problems for your family at a time when they do not need any further worry.

5) If you have children, particularly if you are separated or unmarried, you can choose the person you would like to act as guardian.

6) You can ensure that your chosen charity benefits and no tax is deducted.

Five simple steps before making a Will

1) Before you see a solicitor, list you assets and consider whom you would like to provide for an in what way.

2) Think about setting up a trust fund for your children or grandchildren and then decide what age would be appropriate for them to inherit.

3) Chose someone to act as executor who will wind up the estate upon your death. This could be your partner, a beneficiary or your solicitor who has the knowledge and experience to make sure your wishes are fulfilled.

4) Consider whether you would like to leave some money to charity (this can minimise a tax liability).

5) Do not make a homemade Will nor go to a 'Will-maker' who is not a solicitor. Far too many of these result in incorrect or invalid wills and often result in potential beneficiaries becoming embroiled in contesting a will - a growing trend which not only proves expensive but which can also divide families permanently.

Amazingly only about 70% of British adults have valid up-to-date wills. Make sure you're not one of them - if you haven't got a will, or if your circumstances have changed recently, instruct an experienced wills solicitor - you may be surprised how little peace of mind costs.


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Bonallack & Bishop are solicitors specialising in contesting a Will. If you need advice on contested probate contact one of their lawyers today. Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in 13 years and sees himself as a businessman who owns a law firm.