It’s one of those tasks that’s easy to keep putting off. Writing a will isn’t urgent in the way a bill or a deadline is, so for many people it simply never gets done. Yet dying without a valid will in place can create real difficulties for the people left behind, at exactly the time they’re least equipped to deal with them. Here’s some guidance regarding your will and why contacting solicitors chester can help.
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What Happens Without a Will
If someone dies without a will, their estate is distributed according to a fixed set of rules known as intestacy. These rules follow a strict order of priority, typically favouring a spouse or civil partner first, followed by children, then other close relatives, regardless of what the person who died might actually have wanted.
This can produce outcomes that surprise people. Unmarried partners, however long they’ve been together, have no automatic right to inherit under intestacy rules. Stepchildren are usually excluded entirely unless they were formally adopted. Even married couples can find that a surviving spouse doesn’t automatically inherit the whole estate if there are children involved, particularly where the estate is above a certain value. For blended families, long term partners who never married, or anyone with specific wishes about who should receive what, intestacy rules rarely reflect what the person would actually have chosen.
The Practical Cost of Not Having a Will
Beyond the question of who inherits, dying without a will often makes the whole process slower and more stressful for family members. Someone has to apply to the court to be appointed as administrator of the estate, a role that would otherwise have been assigned in advance to a named executor. Disputes are also more likely to arise when there’s no clear written record of what the deceased actually wanted, and these disputes can drag on for months or even years, adding emotional strain on top of financial cost.
What a Good Will Actually Covers
A properly drafted will does more than simply state who gets what. It allows you to appoint executors you trust to carry out your wishes, name guardians for any children under eighteen, and make specific provisions for particular assets, from property and savings to sentimental items that might otherwise cause disagreement among family members.
Wills can also be used to set up trusts, which are particularly useful for protecting assets for children until they reach a certain age, providing for a vulnerable family member, or managing inheritance tax exposure on a larger estate. For business owners and farmers, a will can also address succession planning, ensuring a business or farm passes on in a way that keeps it viable rather than forcing a sale to cover costs or settle disputes between beneficiaries.
When a Will Needs Updating
A will isn’t a one time task to tick off and forget. Marriage automatically revokes any existing will in England and Wales, unless the will was specifically made in contemplation of that marriage. Divorce doesn’t revoke a will outright, but it does mean an ex spouse is generally treated as having died before you for the purposes of inheritance, which can leave gaps or unintended outcomes if the will isn’t reviewed.
Other life events worth prompting a review include having children or grandchildren, buying property, starting a business, or a significant change in the value of your estate. As a general rule, it’s sensible to review a will every few years even without a major life change, simply to check it still reflects your circumstances and wishes.
Lasting Power of Attorney: The Other Half of the Picture
A will deals with what happens after death, but it’s worth also thinking about what happens if you lose the mental capacity to make decisions while you’re still alive, whether through illness, injury, or age related decline. A Lasting Power of Attorney allows you to appoint someone you trust to make decisions on your behalf regarding either your finances or your health and welfare, or both.
Without one in place, family members often have to apply to the Court of Protection to be appointed as a deputy, a process that’s considerably slower, more expensive, and more restrictive than having a Lasting Power of Attorney already in place.
Getting Proper Advice
Estate planning covers far more ground than most people realise, and mistakes made in a DIY will or an outdated template can be difficult and costly to correct after the fact. Taking proper legal advice ensures a will is valid, clearly worded, and structured in a way that actually achieves what you intend, rather than leaving loved ones to deal with ambiguity or disputes at an already difficult time.