Making a will is one of the biggest decisions you can make to look after your loved ones and make sure your wishes are respected. Many people ask, “Should I make a will?” and the answer is a big yes—especially when you have the help of a solicitor. Solicitors like Darwin Gray Solicitors will guide you through the legal maze of drafting a will and help you with inheritance tax, asset distribution and making sure your loved ones are looked after when you’re gone.
By having a solicitor you can ensure your will is a legally binding document that meets all the legal requirements and avoids potential problems down the line. This is especially important if you have a complicated estate, a civil partner or family members who are financially dependent on you.
This article will explain why making a will is essential, how a solicitor can assist you in the process, and the consequences of dying without one.
What is a Will?
A will is a legal document that sets out your wishes for what happens to your stuff and property when you die. You can specify how you want your estate (money, property, etc) to be divided among your named beneficiaries. A will can also cover other important things like who looks after your minor children, funeral arrangements and charitable donations. By having a valid will you ensure your affairs are in order and your loved ones are protected from the chaos that ensues when someone dies without a will.
Should I Do My Own Will?
While it’s easy to create your own will using DIY templates, it’s worth thinking about the risks. A DIY will can be invalid if not done correctly, e.g. not having two witnesses or using unclear language. Without a solicitor you may miss important details like reducing inheritance tax, appointing guardians for minor children, or managing digital assets and life insurance policies. A solicitor will make sure your will is legal, reduces family disputes and ensures your wishes are carried out.
Why Is It Worth Making a Will?
Making a will is worth it for several reasons, especially because you get to control what happens to your assets, such as property, money and personal belongings. Without a will the intestacy rules in England and Wales will decide how your estate is divided. These rules don’t always match your wishes especially if you have a civil partner, step children or unmarried couples involved. Making a will means your named beneficiaries get the share of your estate you want them to.
1. Look After Your Loved Ones
A will lets you make sure your family members, including any surviving spouse or surviving partner, are looked after when you’re gone. If you die without a will your assets won’t automatically go to the people you want. This can lead to family disputes and even other family members or an ex-partner making a claim on your estate.
2. Appoint Guardians for Minor Children
If you have young children making a will is essential to appoint guardians. If something happens to both parents a will can legally say who you want to look after your children. Without this the court will decide and may not be what you want.
3. Financial Affairs
Your will lets you leave instructions on how to manage your financial affairs, including life insurance policies, digital assets and other assets such as property or shares. You can appoint more than one executor to deal with these tasks so everything is done as you want.
Inheritance Tax and Financial Planning
One of the main reasons it’s worth making a will is to plan for inheritance tax. By using professional advice you can structure your will to reduce the tax on your estate. This can include charitable donations or setting up trusts to protect your assets for your loved ones. Without a will all the debts and taxes will be settled according to the standard rules and may leave less for your beneficiaries.
4. Minimise Inheritance Tax
Your solicitor or will writer can help you legally minimise inheritance tax by structuring your will correctly. This is especially important if you have a complicated estate with a lot of money and assets involved. Planning with a will means your loved ones get the maximum benefit from your estate not the minimum because of poor tax planning.
Circumstances Change – Why You Need a New Will
You should review and update your will regularly as circumstances change. Whether you’ve entered a civil partnership, got married, had children or acquired new assets like property, you need to make sure your original will reflects your current situation. For example if you’ve got life insurance or other significant financial changes you need to include them in your will to avoid problems later.
5. Complex Family Situations
If you have step children, an ex-partner or family members who are financially dependent on you it’s worth remembering that previous wills may not reflect your wishes. Updating your will means all beneficiaries are included as you want. Not updating an old will can mean people are left out and potentially cause family disputes.
Valid Will vs. DIY Wills: Why Professional Advice Matters
While there are DIY options for a basic will, working with a solicitor or willwriter means your will is legally valid and takes into account all your assets and personal circumstances. A legally binding document will save your loved ones a lot of time, stress and legal fees by not having to go to probate unnecessarily.
6. Is Your Will Legally Valid
Your will must meet certain legal requirements to be valid. For example it must be signed in the presence of two witnesses and the person making the will must be of sound mind. A solicitor or will writer will ensure your will is legally binding and enforceable so there’s no disputes after you’ve gone.
7. Complicated Estates and Probate
If you have a complicated estate with multiple properties, businesses or investments working with a solicitor means your estate is divided as you want even if it goes to the probate registry. They will also ensure your final wishes for funeral arrangements or distribution of other assets are carried out correctly.
What If You Die Without a Will?
If you die without a will your estate will be distributed according to the intestacy rules. These rules are strict and mean unmarried couples or civil partners may get nothing from the estate unless mentioned in the will. And if there’s a dispute the estate could be tied up in court and cause delays and potentially huge legal fees for your loved ones.
Conclusion: Yes, Do It.
Making a will isn’t just about the assets, it’s about taking control of your life and having your final wishes respected. Whether you have a simple or complex estate, having a valid will with professional advice from a solicitor means your loved ones won’t have to go through the stress, legal battles and financial loss. A solicitor can help with the tricky bits like inheritance tax, guardians and making sure your will is legally binding.
If your circumstances or relationships have changed then it’s time to make or update your will. Having a solicitor helps your will be clear, legally binding and tailored to you. This is one of the best things you can do for your family, your partner or anyone you love. So yes, do it.
