Do I Need to Make a Will?

As much as we may wish to avoid the issue, death is a fact of life. As Benjamin Franklin once famously said, “in this world, nothing can be said to be certain, except death and taxes”.


With leading organisations including The Law Society, The Money Advice Service, Citizens Advice, and Age UK all recommending that people should make a Will, it is a surprising fact that the majority of adults in the UK do not have one. Does this include you? 

Here are answers three common questions about making a Will.

1. What happens if I die without a Will?

Dying without making a valid Will means that the law will dictate how your estate will be distributed. That’s right! You have spent your whole life working hard to pay off the mortgage and saving your nest egg and you forfeit the right to say who should benefit from your labours simply because you didn’t get around to making a Will.


The laws that govern the distribution of someone’s estate in these circumstances are known as the “rules of intestacy” and they are fixed, inflexible, and problematic, so for example:

  • Without a Will there will be no one appointed as your Executor to deal with the administration of your estate or as Guardians to look after any young children.
  • If you are married, your spouse may inherit most of your estate, but your children or grandchildren are likely to get nothing at all.
  • If you cohabit with someone, your partner will not be entitled to anything from your estate as you are not legally related to each other.
  • Your estate will pass to your nearest relatives who you may not even like, and failing this, it will pass to the government to help pay off the national debt!

For a few, these “rules of intestacy” will just about suffice, but for the majority of people, the distribution of an estate in this way causes problems, worries, and family rifts. All of this can be easily avoided by taking some time to make a Will.

2. What should I consider when making a Will?

This depends on your own personal circumstances. However, some issues which you may need to consider may include:

  • The value of your assets, including anything that you may own outside the UK.
  • Are there any specific funeral arrangements
  • Who you trust to act as your Executors, the people responsible for dealing with the administration of your estate after death.
  • If you have children under the age of 18, who you would like to nominate as their Legal Guardians, and also who will act as Trustees of any funds left for them until they come of age?
  • To whom you wish to leave any individual cash or specific legacies, or if you would like to support any particular charities.
  • Whether there are any particular responsibilities that need to be addressed such as provision for a disabled / mentally incapable relative or a partner who may be living in a property held in your sole name.
  • Who you would like to benefit from the remainder of your assets, known as the “Residuary Estate” and if more than one in what proportions? You should also consider what you would want to happen should these people die before you.

 3. Do I need the help of a Solicitor?

Making a Will is one of the most important things you will ever do. The importance of getting this right cannot be overstated. A solicitor will not just write your Will but will offer independent advice at the same time while identifying other issues which may be relevant.


If your estate exceeds £325,000.00 for example, it may be necessary to discuss the issue of Inheritance Tax. If you wish to exclude close relatives from benefitting from your Estate, it may be necessary to discuss how best to protect your Will from potential claims and challenges after your death. If you are in a second relationship you may wish to discuss how best to protect and provide for both sides of the family. If you jointly own a property, you may wish to discuss leaving your share in trust in case the survivor of you requires nursing home care in the future.


The list of such issues is endless and makes Will drafting a complex process. Without the help of a Solicitor, there is always a real risk that something could be overlooked, or a mistake could be made, which could cause problems for your family and friends after your death. A professionally drafted Will is a real investment for the future.

For further information about making your Will please contact Larken & Co Solicitors at (01636) 703333 or find out more about how we can help by clicking here - Making a Will.