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Why you need a Will - Video script

Dying without a Will can cause a financial mess for those you leave behind

Dying without a Will can cause a financial mess for those you leave behind

When someone dies without a Will, we say they have died intestate. This means their estate can only be distributed according to intestacy laws.

Why make a Will?

Without a Will you’ll have absolutely no say in how your estate is dealt with after you’re gone. In fact, having a legal Will in place is the only way to guarantee the family you leave behind are properly provided for. Of course, you don’t have to make a Will, but it could cause major financial problems in the future if you don’t.

Your family

Most people think their spouse will automatically inherit everything after their death, but this isn’t true. Meanwhile, unmarried partners - or those without a civil partnership - can’t inherit from each other unless there’s a Will in place. This means the death of one partner could trigger serious financial difficulties for the surviving partner.

And, if you have children, your Will can make arrangements for their care should one or both parents die.

How should you make a will?

You can write a Will yourself, but you should only consider a DIY approach if your financial affairs are very simple.

For most of you, it’s advisable to appoint a good solicitor. This is particularly true when you own a property with someone who isn’t your husband, wife or civil partner. Or where there are several family members who may make a claim on your will such as a second spouse or children from a first marriage.

Likewise, if you own a property overseas but live in the UK, or there’s a business involved then seeking help from a solicitor is crucial.

Once you’ve written a Will remember to review it regularly say, once every five years to ensure it’s still an accurate reflection of your wishes. You should always update it whenever there’s a change in your circumstances such as getting married or divorced.

Do wills cost a small fortune?

As with everything it pays to shop around before you choose a solicitor. Identical husband and wife mirror Wills can be drawn up which should be a bit cheaper than writing two separate wills. But you should expect the cost to increase if your financial affairs are complex.

For a relatively straightforward Will, you could try the online service TotallyFreeWills where you can create your own Will and have it confirmed as legal by a solicitor without charge. But bear in mind it may be worth paying for a will now as it could save your family thousands later.

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  • 21 July 2010

    Cyril - This can be achieved. It is not wise to give shares in your properties to your children outright as they might go bankrupt or divorce. What you need is a Life-interest Trust Will. These allow you to give your properties to trustees usually your wife and children and give a right to your wife to live in the property for the rest of her life. On and after her death they go to your children. These avoid the danager of your wife meeting new "toy boy" and leaving all the money to him to the exclusion of your children. These Wills are not very simple but should cost you less than £500. You really need a Solicitor for this and you should ensure they are either a member or a student member of the Society of Trust and Estate Practitioners (STEP). These Wills also protect against losing the whole value of your estate in care home fees.

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  • 17 July 2010

    I want my 3 children to inherit my share of two properties jointly owned by my wife and me. But I want my wife to enjoy full use of both until she pops her clogs. Is it possible to word a will so that my wife would end up owning 52% and each child 16% each so that she can't be forced out by my children and their partners?

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  • 16 July 2010

    Must be my eyes - I was sure the article said "why you need a Wii" and thought it was some of fitness article.

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