A Will is not just a legal formality. It is the only way to make sure the people and causes you care about inherit what you want them to have when you die. If you do not have a Will, the law decides who inherits, and the result can be costly, stressful and unfair for those you leave behind.

What a Will is and why it matters

A Will is a legal document that states who should inherit your money, property and possessions when you die. It can also set out your funeral wishes and who you want to look after your children.

If you die without a valid Will, the Rules of Intestacy apply. These rules distribute your estate to your next of kin in a fixed order. They rarely reflect modern family life or your personal intentions.

The risks of dying without a Will

If you do not have a Will, the following risks apply:

• Loss of Control: The Rules of Intestacy decide who inherits, which may lead to your estate passing to people you would not have chosen.
• Unmarried Partners: Unmarried partners (sometimes described as “common law spouses”) have no automatic right to inherit anything, regardless of how long you have lived together.
• Vulnerable Family Members: Children from previous relationships, stepchildren, and family members who need extra protection may receive nothing.
• Family Disputes: Financial difficulty and unnecessary legal costs are more likely at a time when your family is already under pressure.

Everyone aged 18 or over should consider making a Will, particularly if you own property, live with a partner, have children, or hold savings or investments.

When your Will needs to do more

Some Wills are straightforward. Others need to deal with more complex circumstances, for example:

• Second marriages and blended families
• Children from previous relationships
• Relatives with health or care needs
• Beneficiaries who may face financial or marital difficulty
• Beneficiaries who are not ready to manage a large inheritance
• Overseas assets or spouses from different jurisdictions
• Business or agricultural assets

A carefully drafted Will can provide protection, manage risk and reduce tax where the law allows.

Executors, guardians and gifts

A good Will does more than list beneficiaries. It should state:

• Executors: The people who will deal with your estate, pay bills and distribute assets.
• Guardians: The people who will care for your children under 18 if the other parent cannot.
• Specific Gifts: Legacies such as particular items or fixed sums for named people or charities.
• Residue: Who receives the remainder of your estate after liabilities, expenses, legacies and taxes are paid.
• Funeral Wishes: Any specific instructions you want your executors and family to follow.

Clear instructions reduce the chance of misunderstanding and conflict.

Using trusts to protect your family

In some cases, it is sensible to include trusts in your Will or to set them up during your lifetime. Trusts can:

• Protect assets for children or grandchildren.
• Provide for a vulnerable or disabled beneficiary.
• Ring-fence assets if a beneficiary divorces or faces financial difficulty.

Trusts must be drafted and administered correctly to work as intended. Professional advice from a qualified adviser is essential.

Why professional Will writing matters

DIY Wills and online templates are tempting but risky. They may contain errors or fail to meet your needs. A Will that is not written and signed correctly may be invalid or may not operate as you expect.

Many people use a Solicitor or a professional Will writer. As Will writing is not a regulated activity in England and Wales, it is sensible to choose someone who is a member of the Society of Trust and Estate Practitioners (STEP) and bound by its code of conduct.

When to review your Will

A well-drafted Will still needs review when your circumstances change. You should review your Will:

• When your family situation changes (e.g., marriage, civil partnership, separation, divorce, or the birth of children/grandchildren).
• When your financial position or assets change.
• When tax rules change in a way that could affect your estate.

Important: Most Wills are revoked automatically when you marry or enter a civil partnership, so you will usually need a new Will at that point.

Protect the people you love

If you do not have a Will, or if your current Will is out of date, now is the time to act. A properly drafted Will gives you control, protects your family and can reduce cost and stress later on.