Making a will is one of the most important steps you can take to protect your family, your wishes and the people who matter most to you. At Howard & Co Solicitors, we understand that it can feel like a difficult subject to think about, but having a properly prepared will can make things much easier for your loved ones at a very difficult time.
Many people assume they only need a will if they are older, own a large property or have significant savings. In reality, a will can be important at many stages of adult life. It gives you control over what happens to your money, property, possessions and personal wishes after you die.
What happens if you die without a will?
If you die without a valid will, this is known as dying “intestate”. In England and Wales, your estate will then be divided according to the rules of intestacy. This means the law decides who inherits, not you.
This can lead to outcomes that many people would not have chosen. For example, an unmarried partner may not automatically inherit, even if you have lived together for many years. Stepchildren, close friends, charities and other important people in your life may also receive nothing unless they are specifically included in a valid will.
At what age should you make a will?
As a general rule, any adult aged 18 or over should consider making a will if they have assets, responsibilities or people they would want to protect.
You should strongly consider making a will if you:
Own a home or are buying a property
Have children or dependants
Are married or in a civil partnership
Live with a partner but are not married
Have savings, investments, pensions or life insurance
Own a business
Have personal belongings you want to leave to specific people
Want to support a charity after your death
Have separated, divorced or remarried
Have a blended family, stepchildren or children from a previous relationship
Why having a will is so important
1. You decide who inherits from your estate
A will lets you clearly set out who should receive your property, savings, possessions and other assets. Without one, the law applies a fixed order of inheritance, which may not reflect your wishes.
2. You can protect unmarried partners
Many people believe that a long-term partner will automatically inherit if they live together. This is not usually the case. A will is particularly important for unmarried couples because it allows you to make proper provision for your partner.
3. You can appoint guardians for your children
If you have children under 18, your will can name the people you would want to care for them if both parents were no longer here. This is one of the most important reasons for young parents to make a will.
4. You can reduce stress for your family
When someone dies without clear instructions, families can be left dealing with uncertainty, delays and sometimes disagreements. A professionally prepared will gives your loved ones clearer guidance at a time when they may already be grieving.
5. You can choose your executors
Your executors are the people responsible for dealing with your estate after your death. In your will, you can choose trusted people to carry out this role, rather than leaving the decision to be made later.
6. You can make specific gifts
A will is not only about money or property. You may want particular items, such as jewellery, family heirlooms, photographs or sentimental possessions, to go to specific people. Including this in your will can help avoid confusion or disputes.
7. You can plan for inheritance tax and estate issues
A carefully prepared will can form part of wider estate planning. Depending on your circumstances, this may help your family deal with tax, property ownership, trusts or vulnerable beneficiaries more effectively.
8. You can protect children from previous relationships
Blended families can be more complex. If you have remarried, separated or have children from a previous relationship, a will can help ensure the right people are provided for in the way you intend.
9. You can avoid accidental exclusions
Without a will, people who are important to you may be left out completely. This could include stepchildren, foster children, friends, carers, charities or relatives who fall outside the intestacy rules.
10. You can update your wishes as life changes
Your will should be reviewed after major life events, such as marriage, divorce, buying a home, having children, starting a business or receiving an inheritance. Keeping it up to date helps make sure it still reflects your wishes.
When should you update your will?
You should review your will whenever your personal or financial circumstances change. This includes getting married, entering a civil partnership, separating, divorcing, having children, buying property, selling property, starting a business or losing someone named in your will.
It is also sensible to review your will every few years, even if nothing major has changed, to make sure it still reflects your wishes.
Why use a solicitor to prepare your will?
DIY wills can seem convenient, but mistakes can cause serious problems later. A will must be correctly prepared and signed to be valid. It should also be clear, practical and suitable for your circumstances.
Using an experienced solicitor can help reduce the risk of errors, unclear wording, disputes or unintended outcomes. This is especially important if you own property, have children, have a blended family, own a business, want to include trusts or have concerns about someone challenging your will.
Howard & Co. is a trusted local law firm established in 1976. We are Authorised and Regulated by the Solicitors Regulation Authority, Firm Number 8000040, and our team provides clear, friendly and professional advice to help you put the right arrangements in place.
Speak to Howard & Co. about making a will
Making a will does not need to be complicated. Our team will guide you through the process, explain your options in plain English and help you prepare a will that reflects your wishes.
To find out more, visit our will writing service page or contact Howard & Co. today.
Frequently asked questions about making a will
Do I need a will if I am young?
If you are over 18 and have savings, property, children, a partner, personal possessions or specific wishes, it is sensible to consider making a will. You do not need to be elderly or wealthy to benefit from having one.
Do I need a will if I am married?
Yes, it is still important. Being married does not always mean everything will automatically pass in the way you expect. A will gives you control and can help avoid uncertainty.
Does my partner inherit if we are not married?
Not automatically under the intestacy rules in England and Wales. If you want an unmarried partner to inherit, you should usually make this clear in a valid will.
Can I leave money to charity in my will?
Yes. A will allows you to leave gifts to charities, community groups or causes that matter to you.
Can I choose who looks after my children?
You can use your will to appoint guardians for children under 18. This is a very important consideration for parents.
How often should I update my will?
You should review your will after major life changes and every few years to make sure it still reflects your wishes.
Can I write my own will?
You can, but mistakes can cause serious problems. A solicitor can help make sure your will is valid, clear and suitable for your circumstances.
What is an executor?
An executor is the person you choose to deal with your estate after you die. They are responsible for carrying out the instructions in your will.
What happens if I die without a will?
Your estate will be distributed under the rules of intestacy. This may not match your wishes and can sometimes leave out people you would have wanted to benefit.
How can Howard & Co. help?
Howard & Co. can help you prepare a clear, legally valid will that reflects your wishes and gives reassurance to you and your family.
