Leaving a Will

It's important that you should be aware of what will happen to your possessions and money if you should die without leaving a will. A recent case of an elderly gentleman who died thinking his estate would go to a great friend simply because he'd named her as next of kin when he went into hospital for his final illness shows this. His friend got nothing at all and his estate went to his two nephews, the sons of a late brother who he'd been estranged from for years. He'd never even seen the younger nephew and they were only vaguely aware of his existence.

There are certain rules and regulations which will be applied if you die without leaving a will. These will be followed rigidly, so if it's not what you'd wish for, then make sure it doesn't happen by writing a will.

If you have dependent children then a will should be made so that provision for them can be made in the event of your death. This should be a priority. For married couples, will making can be fairly straightforward. Depending on the size of the estate and whether there are children, the remaining spouse will inherit all or a considerable share of it whether or not a will is left but the time spent getting probate can be considerable and it's much easier if things are set out as you would wish them to be.

Unmarried partners are in a very different position. If the relationship is not registered as a civil partnership cannot inherit from each other without the existence of a will. This means that the death of either of the partners could create financial havoc for the surviving one.

Some people choose to make their own will and if it's completely straightforward you can do it yourself using a will form that's available from a stationers. You'll need to ask two people to be witnesses and you need to sign the form first, in their presence and then ask them each to sign to witness your signature. These people can't be beneficiaries, although the person or persons who you ask to carry out your wishes regarding the will (executors) can inherit. You need to ask them if they'd be willing to do this and name them in the document.

It's very easy to get things wrong, however, and there are professionals who can help you with your will-writing for very modest fees. If there are any complications, however, it would be sensible to take legal advice. For instance, your personal circumstances could have changed completely over the past few years. Re-marriage or registering a civil partnership will mean that your previous will is invalid.

The professionals say that some of the common things that can go wrong in will-making, which can create problems are the fact that people may be unaware of the requirements which are need to make a will valid. People fail to include all the property and money available and a common oversight is that provision should be made for the fact that the beneficiary could die before inheriting. It should be made clear what should happen in this event. If a will is changed, it will need to be signed and witness, as in the first will, or the changes can't be implemented.

It's particularly advisable to ask for help in some cases. If you are sharing a property with someone who is not your legal partner, then you should seek legal advice. If you have someone who depends on you and is unable to care for themselves, then the solicitor will guide you through the procedure to make provision for them. If you have overseas property but live in the UK there, or have a business then you'll need some expert advice.