Why you should make a Will

If you don’t have a valid Will, the Government has written a Standard Will for you, which might as well read as follows…

…To my Family & Loved Ones
I hereby leave you all several months, possibly years, of financial hardship and expense, whilst you go to unnecessary lengths to sort out my affairs.

…To my Spouse/Partner
I hereby leave you some (but probably not all) of what I own.

…To my Children
I hereby leave you the remainder of my Estate and give you the authority to enforce the sale of any part of it (including the family home) to realise your inheritance.

…To Social Services
If my children are orphaned, I give you the authority of Guardianship and the power to choose who shall look after them, including allocating them to foster parents.

…To the Tax Man
I hereby leave you all the Tax that I could have avoided and given to my family.

…To the Local Authority
I hereby authorise the local authority to force the sale of my house and to liquidate any investments I have to pay for my care. I realise that this could make the local authority one of my major Beneficiaries to my estate.

…To my family who desperately need state funded benefits for any disability
I hereby authorise you to pay funds to any of my disabled beneficiaries so the state can then save money which they can then give to others not related to me. I realise that this could make the state one of the major beneficiaries to my estate.

…To my children and grandchildren
If you get divorced I hereby instruct you to ensure that half of what I left you is payable to your ex-partner after the divorce proceedings and they have ample money to look after the new spouse and any children they may have. I realise that this could make my divorced ex in laws one of the major Beneficiaries to my estate.

…To my Bank and/or Solicitor
I hereby authorise you to charge whatever you feel necessary, to sort out the mess that I have left behind. I realise that this could make you one of the major Beneficiaries of my estate.

…To everyone else
I leave you nothing!

Make a Will

Why Making a Will Is Essential

You can put off making a Will until it is too late, and doing so can create significant problems for the people you leave behind.

Not having a Will may result in some—or all—of your estate passing to the wrong person, or even to the state under the Rules of Intestacy.

A professionally prepared Will ensures your wishes are clearly documented and legally enforceable, giving certainty and protection to your loved ones.

What Happens If You Die Without a Will?

If you die without a Will, you lose control over who benefits from your estate. Under the Rules of Intestacy:

You cannot be sure the people you wish to benefit actually will
Your spouse or civil partner will not automatically inherit all of your estate
Unmarried or ‘common law’ partners may receive nothing
Minor children could be placed into care temporarily while guardians are appointed
There may be lengthy delays, added stress, and potential disputes
You cannot exclude certain family members from benefiting
You cannot leave gifts to friends, colleagues, or charities outside the intestacy rules

Making a Will allows you to avoid these risks and protect those who matter most.

Do You Have the Correct Will in Place?

Even if you already have a Will, an important question remains:

Is it the correct Will for your circumstances?

Many new clients we meet either:

Have no Will in place, or
Discover their existing Will—often prepared years ago or at significant cost—is a basic Will with no asset protection strategies.

A basic Will may not protect your estate from future risks such as care fees, remarriage, or inheritance tax.

The Common “Basic Will” Mistake Couples Make

Couples often request a simple or “basic” Will, asking for:

Everything to pass to each other on first death
Then to children or chosen beneficiaries on second death

While this sounds straightforward, it can create serious unintended consequences.

Discussions about what happens on the second death often reveal conflicting views or complexities. Many couples are surprised to learn that this type of basic Will can unintentionally disinherit their children or beneficiaries.

Why a Basic Will Can Fail

When everything is left outright to the surviving partner, control over the inheritance is lost. The original intentions may never be honoured due to risks such as:

Marriage After Death (MAD) – remarriage changes inheritance outcomes
Care costs eroding the estate
Creditors or bankruptcy
Divorce or relationship breakdown
Generational Inheritance Tax (IHT)

At this point, the estate is no longer protected by your original Will—it is left to chance!

Protecting Your Estate with Proper Planning

Effective estate planning goes beyond a basic Will. The use of Trusts and asset protection strategies can help ensure your wishes are carried out and your estate is safeguarded for future generations.

For more information, please visit the Estate Planning & Recommendations sections of this website to learn how asset protection strategies may be incorporated into your Will.