We speak to people every day about the importance of writing a Will. It is one of the simplest ways to make your wishes clear and prevent your loved ones from facing additional stress and uncertainty while they are grieving.
Despite this, millions of adults in the UK still do not have a valid Will in place.
What Happens When You Die Without a Will?
Dying without a valid Will is known as dying intestate. When this happens, the law determines who inherits your money, property and possessions, rather than allowing your estate to be distributed according to your wishes.
This can cause particular problems for modern families. In England and Wales, an unmarried partner currently has no automatic right to inherit under the intestacy rules, regardless of how long the couple has lived together. They may be able to make a separate claim in certain circumstances, but this can require legal action and is not guaranteed.
The following story shows how difficult this can become.
Julie’s Story
Julie’s 62-year-old uncle, Dave, had experienced several serious health problems over the previous five years. He had suffered a heart attack that required a triple heart bypass and was also living with asthma, diabetes, kidney problems and the effects of cancer treatment.
Despite this, Dave remained determined to enjoy his life and continued spending time with his family, friends and long-term partner, Sophie.
“What Do I Need a Will For?”
Dave and Sophie had been together for 25 years but were not married or in a civil partnership.
Several family members encouraged Dave to make a Will. They explained that it would make matters much easier for Sophie and his elderly mother should anything happen to him.
Dave’s response was always the same:
“What do I need a Will for? I don’t care what happens to my things once I’m dead.”
He believed he still had many years ahead of him and continued to put it off.
When the Unexpected Happened
Sadly, Dave suffered a major stroke while on holiday with his family and died in hospital the following day.
Because he had not made a valid Will, his estate had to be dealt with under the rules of intestacy. Sophie was not automatically entitled to inherit simply because they had been together for 25 years.
The responsibility for dealing with the estate would ordinarily fall to an eligible close relative. However, Dave’s elderly mother was not well enough to manage the process, leaving the family needing professional advice about how the estate could be administered and whether Sophie could make a claim. Under current probate rules, the person entitled to apply depends on whether a Will exists and their legal relationship to the person who died.
In the meantime, Dave’s assets could not simply be distributed in the way he or Sophie might have expected.
A Will Protects the People You Leave Behind
Dave may not have cared what happened to his possessions after his death, but the consequences were left for the people he loved to manage.
A valid Will could have:
• Clearly stated who should inherit his estate
• Protected Sophie’s position
• Appointed someone he trusted to deal with his affairs
• Reduced confusion, delays and potential legal costs
• Given his family greater certainty at an already difficult time
A few hours spent making a Will today could save your family months of additional worry in the future.
Don’t Leave It Until It’s Too Late
Nobody enjoys thinking about what will happen after they die. However, making a Will is not really about you—it is about protecting the people you leave behind.
It gives your family clear instructions, helps avoid unnecessary uncertainty and ensures your wishes have the best chance of being followed.
Do You Need to Make or Review a Will?
Whether you need to create your first Will or check that an existing one still reflects your wishes, Safeguarding Futures can guide you through the process clearly and without unnecessary jargon.
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