We all have jobs that sit on the “I’ll get round to it one day” list. Sorting out old paperwork, updating passwords, fixing that squeaky floorboard – or finally making a Will.
Unlike those other tasks, however, putting off writing a Will can have lasting consequences for the people you leave behind. If you die without a valid Will, your estate will be distributed according to the Intestacy Rules – a legal framework that determines who inherits your assets when no Will exists.
These rules don’t take into account your personal wishes, family relationships or who you intended to provide for. While they work well for some families, they can produce unexpected and sometimes unfair outcomes for many others.
Here are five reasons why relying on the Intestacy Rules could be a costly mistake.
1. Unmarried Partners Do Not Automatically Inherit
One of the biggest misconceptions in England and Wales is the idea of the “common-law spouse.”
Many couples believe that living together for years gives them the same legal rights as a married couple or civil partners. Unfortunately, that isn’t the case when it comes to inheritance.
If you die without a Will, an unmarried partner does not automatically inherit your estate under the Intestacy Rules. Depending on your circumstances, your estate may instead pass to children, parents, siblings or other blood relatives.
This can leave a surviving partner facing significant financial uncertainty and, in some cases, needing to make a claim through the courts to seek reasonable financial provision from the estate, a process that can be lengthy, stressful and expensive.
2. Blended Families May Not Be Protected
Families today often look very different from those of a century ago, yet the Intestacy Rules cannot reflect every modern family arrangement.
Stepchildren, foster children and other loved ones who have not been legally adopted do not automatically inherit under the Intestacy Rules.
If you wish to leave part of your estate to a stepchild, godchild, close friend or favourite charity, you need a valid Will that clearly sets out your wishes.
Without one, the people who matter most to you could receive nothing from your estate.
3. Your Spouse May Not Receive Everything
Many people assume that being married means their husband, wife or civil partner automatically inherits everything.
That is not always the case.
If you leave a surviving spouse or civil partner and children, the Intestacy Rules determine how your estate is divided. Currently, your spouse or civil partner inherits your personal possessions, the first £322,000 of your estate and half of anything above that amount. The remaining half passes to your children in equal shares.
For families whose main asset is their home, this can create unnecessary complexity and may affect how assets are managed after death.
A professionally drafted Will allows you to decide how your estate should pass, rather than relying on default legal rules.
4. You Lose the Opportunity to Choose Guardians for Your Children
If you have children under the age of 18, your Will allows you to appoint the people you would want to care for them if both parents were to die.
Without a Will, you lose the opportunity to express those wishes formally. In some circumstances, the courts may need to become involved in deciding who should care for your children.
While every family situation is different, making a Will gives you the opportunity to make your preferences clear and provide valuable guidance at an incredibly difficult time.
5. You Give Up Control Over Your Estate
A Will is about far more than deciding who receives your money.
It allows you to appoint executors you trust, protect vulnerable beneficiaries, provide for loved ones in the way you choose, make charitable gifts, and help reduce the risk of disputes after your death.
Whether your circumstances are straightforward or more complex – perhaps you have a blended family, own a business, have overseas assets or simply want peace of mind – a Will gives you control over what happens when you’re no longer here.
Taking Back Control
Making a Will isn’t about expecting the worst – it’s about planning responsibly for the future and making life easier for the people you care about most.
A professionally prepared Will helps ensure your wishes are carried out, provides certainty for your loved ones and can make administering your estate far simpler at what is already a difficult time.
It’s also worth remembering that a Will shouldn’t be a one-off document. Major life events such as marriage, divorce, the birth of children, buying a property or significant changes to your finances are all good reasons to review it.
If you haven’t yet made a Will, or if your existing Will no longer reflects your circumstances, now is the ideal time to seek legal advice. Taking action today could save your family considerable stress, uncertainty and expense in the future.
How Prettys Solicitors Can Help
Whether you’re making your first Will, updating an existing one or looking for advice on more complex estate planning, our Wills and Estates team is here to help.
Emma Woollard, Partner at Prettys Solicitors, advises individuals and families on all aspects of Will drafting and estate planning, providing clear, practical advice tailored to your personal circumstances. Whatever stage of life you are at, having the right legal advice can give you confidence that your wishes will be carried out and your loved ones will be protected.
To discuss making or updating your Will, contact Emma Woollard or a member of our Wills and Estates team.
