After both her parents died without a will, Katy Ward explains how getting your affairs in order could help your loved ones avoid months of anguish after you’re gone.
When my father died of a heart attack at 65 while on holiday in Florida, I was 18 and perhaps too young to be involved in the admin of death.
As I was in the middle of my A’ levels, it certainly never occurred to me to check whether he’d made a will.
Twenty years later, my mum passed away from epilepsy-related complications, also without a will.
By this stage, I was working as a personal finance journalist and well aware of the complications this would inevitably bring.
This article looks at options for making a will and offers tips for getting your affairs in order.
Read more about how to make a cheap or free will in our complete guide
Less than half of Brits have a will
As statistics prove, my parents were far from alone in not having made arrangements for after their deaths.
According to research from the National Wills Register, only 44% of UK adults have a will and 49% of people say that their parents haven’t discussed their wishes.
Despite not having made a will, my mum had made her wishes clear to me and my three sisters.
I remember the conversation well. As I handed her meat pie for dinner one evening, she said that she wanted me to have her house after she was gone and that we all “pop our clogs some time”.
As we lived together and my sisters were more settled in their lives at the time, she reasoned this made sense.
Feeling taken aback, I didn’t say much and suggested we watch TV over our meat pies.
Around a year later, she passed away unexpectedly, still without a will.
More than a year of paperwork
Like most families in this position, we were suddenly inundated with financial admin.
When I visited my mum’s bank with my sister, the staff were unaware my father had died in America 20 years earlier.
As my parents had joint accounts, my mum had never informed any financial institutions that he had passed away and continued to bank as she always had.
This left us having to relive the events surrounding his death while also grieving for our mother.
The stress was made worse because we couldn’t find his death certificate.
If he’d died in the UK, we’d have known how to request a replacement, but we had absolutely no idea how to deal with this from the other side of the Atlantic.
Although we found a copy stuffed in the back of a drawer weeks later, it only added to our stress during a painful time.
And, while my sister was able to transfer the title for the house into my name through the Land Registry, this took over a year and involved scanning more than 50 documents from the original paper deeds.
Do you need a solicitor to make a will?
When it comes to making a will, one of the first things you should consider is whether you’d like to hire a solicitor or handle the process yourself.
If you decide to write your own will, you’ll need to be over the age of 18 and have the mental capacity to make decisions about your affairs.
You should also date your will and make clear that it replaces all previous versions (which you should destroy).
Although making a will can be straightforward, it may be wise to hire a professional if large sums are involved or you believe someone may object to your wishes.
The cost of hiring a solicitor will depend on the complexity of your circumstances, although it is typically between £150 and £500.
You can read more in our guide on putting your affairs in order
Free will-writing services
If you’re concerned about the cost of making a will, there are affordable or free options that could help.
More than 150 charities offer a free solicitor-drafted will-writing service to those over 55 as part of Free Wills Month, which takes place in March and October.
Be aware, these services only cover the cost of simple wills, and you may need to pay an additional fee if your circumstances are particularly complicated.
Many solicitors also offer their services for free in November as part of charity scheme Will Aid.
What to consider when making a will
While it would be impossible to cover all the potential issues involved in making a will in this article, there are some key points you should remember:
- Your debts won’t die with you: Although many people believe that debts are automatically written off when they pass away, this isn’t the case. Any debts such as loans or credit balances will be deducted from your estate before other assets are distributed to your beneficiaries.
- Unmarried partners aren’t covered: The law won’t automatically recognise your partner as a beneficiary if you are unmarried and do not leave a will.
- Accuracy is key: You should carefully check the spelling of names and other identifying details of those mentioned in your will. This can help avoid additional headaches for your loved ones after you pass away.
- Review your will regularly: If you experience a major life event such as having a child, getting married or getting divorced, it’s wise to review the provisions of your will to ensure that it still reflects your wishes.
What happens if you don’t make a will?
If you die without a will, you are considered to have died ‘intestate’.
In this case, the distribution of your assets is determined by a strict set of laws, typically prioritising spouses, children, parents and siblings (in that order).
Your family – or whoever is dealing with your estate – will also need to apply to the Probate Registry for Letters of Administration, which will allow them to become the executor of your estate.
These prove to banks and other financial institutions that the person dealing with your finances has the legal authority to manage your affairs.
The person applying for Letters of Administration can do so online or through the post by completing Form PA1A.
You can learn more about an executor’s responsibilities in our comprehensive guide
Talking about death
After my mum died, a friend suggested that she ought to have had her affairs in order and that it had been unfair to burden her children with this responsibility.
I was quick to jump to her defence. My mum had mentioned making a will numerous times but, as she was losing her sight, would have needed me to organise it for her.
It was me, an emotional coward, who hastily changed the subject.
I now wish I’d had the courage to have the awkward conversation. After all, she was right, we all pop our clogs some time.
Where to get help
If you’d like to make a will but feel unsure where to start, there are plenty of useful online resources. These include: