About Wills

What is a Will?

A Will is a legal document that states how you would like your assets to be distributed after your death. It can also be used to:

• appoint guardians for your children.  If you don't, the decision could be made for you by the family court.
• provide funeral instructions.
• appoint guardians for your pets.
• leave instructions for your digital assets.

Why do you need a Will?

• Ensure your hard-earned assets are distributed in accordance with your wishes to your chosen beneficiaries.
• Protect your loved ones.  
• Minimise Inheritance Tax. 
• Lower the potential for family disputes.
• Minimise administration costs and delay.
• Gain peace of mind. 

Many people avoid making a Will as they simply do not like the thought of discussing their death. This is completely normal and understandable, but this can cause further issues and distress for your loved ones after your death. 

What happens if I don't have a Will? 

When a person dies without leaving a Will, it means they die 'intestate'. 

Intestacy Rules

There are strict laws that govern inheritance where there is no Will in place. These are known as the intestacy rules. These rules clearly state that certain people will not be able to claim a legal right of inheritance: partners who were not married or in a civil partnership with the deceased, friends, relatives by marriage and carers.

Spouses and Civil Partners

If the deceased was married or in a civil partnership, and did not have any children, their estate will be inherited by their spouse or civil partner, even if the couple was separated at the time of death. Only a divorce will prevent an estranged spouse or civil partner from inheriting.

Children

If the deceased was married or in a civil partnership, and had children, the first £322,000 of their estate will be inherited by the spouse or civil partner. In addition, the spouse or civil partner will receive 50% of the remainder of the estate. The other 50% of the remainder of the estate will be divided equally between the surviving children (this includes natural and legally adopted children, but not step children), but if they are under the age of 18, they will have to wait until they reach legal majority before they can inherit. If the child has pre-deceased, then that child's own children will inherit in their place. If the deceased had children, but was not married or in a civil partnership, the entire estate will be shared equally between the children, upon attaining the age of majority. 

When an unmarried and childless person dies matters become further complicated.  

Other Relatives

There is a hierarchy of relatives who can inherit from a person who died intestate and the intestacy list includes: 

• living parents
• full blood siblings
• half-blood siblings
• grandparents
• uncles/aunts
• half-blood uncles/aunts. 

If the intestacy list is exhausted, then the estate passes to the Crown ("Bona Vacantia"). At this point, more distant relatives can make a claim if they can provide evidence of their entitlement. 

Appeals to the Courts

It is possible for a person to make an application to the court if they believe that reasonable provision has not been made for them. However, there is no  guarantee that the application will succeed, and it is at the discretion of the court.  

At Jo Meek Legal Services, our sole aim is to make this process as quick, easy and hassle-free as possible so our clients can continue enjoying their lives, safe in the knowledge that their affairs are in order and they have done everything they can to protect their loved ones after their death. 

Only by making a Will can you ensure that your assets are distributed in accordance with your wishes.