Helen Scott-Parker talks about the importance of making a will.

Why make a will?

Many people dismiss the idea of making a will, especially if they are relatively young and healthy. But a will contains your wishes to be read after you die and describes whom you wish your belongings and assets to go too.

You have probably heard stories about what happened to people who did not have a will; the cost it took to sort out the deceased’s estate and who was left feeling aggrieved. It’s a shame that in many cases solicitors are only called upon to sort out the mess when estates are contested. If a will had been drawn up previously by a legally qualified person then such heartache and cost would be avoided.

At present the Law Commission is carrying out a review of the Intestacy rules which will be published in 2011. They state that Intestacy and family provision are important areas of the law, affecting a large number of families at times of financial and emotional vulnerability. The National Consumer Council also suggest that more than 27 million adults in England and Wales do not have a will and that those who need one most are the least likely to have one.

For those without a will, Intestacy law is supposed to reflect what the deceased would have wanted, but very often does not achieve this. The rules include a fixed sum to be paid to your spouse and your children if they survive you. The remainder of the estate falls into a trust which will end on the spouse’s death. You may think this is unnecessarily difficult especially as, with a lot of families, the children are born to different parents or you are not married. A simple will prevents this worry and can also appoint guardians for your children. In addition, the amounts paid to your spouse and children may be insufficient. What if your husband or wife only gets the house or part of it and no money? Also any dependents not covered by the statutory Intestacy rules would have a claim on your estate

So what if you still haven’t got a will by the time you die? The people entitled to your estate under the Intestacy rules can draw up a will for you within two years of your death to direct money to relatives and / or friends not covered by the rules. You may think this is ok, but this means your relatives are put to the task of thinking about what you would have wished to happen. For example it might be a case of “he would never have forgotten his friend Bill?” or “She would have left something for her neighbour Janet wouldn’t she?”

If you want to make things simpler then making a will is a must. It is a simple process and will be done before you know it. There’s no need to be superstitious about wills ‘tempting fate’ – I’m now on my third will! Wills can be changed as many times as you want and they are not expensive to make. Ideally this should be done when you get married or divorced and of course if you have children.

If you need more information and advice on making a will, speak to an expert at MWR Solicitors today in strictest confidence. Call 01772 254201 or visit www.mwrlaw.com