Wills – Do I Really Need To Make One?

Rachel Barnes, Marketing & Onboarding Manager

Estimated read time: 2 Minutes

Wills – do you really need one?  This is a question Nexa Private Client Consultant Karen Thompson is often asked.  After all, the law does set out rules as to the distribution of a person’s estate on death.   However, you might be surprised by what those provisions dictate.  And perhaps, just as importantly, what they don’t cover.

A common misconception is that your estate would automatically pass to your partner on death. But if you are not married or in a civil partnership, the reality is there is no provision for you or your partner on the first death, no matter how long you have been together.  Even married couples or those in a civil partnership may find the survivor doesn’t receive everything within the estate.  It is dependent on surviving relatives and the value of the person’s estate who has passed away.

If you choose to make a Will, you have the control.  You might want to leave a cash sum to family, friends, or charities of your choice.  There may be personal possessions that you would like to gift to certain individuals – whether valuable or as a memento. If you have a young family, you might want to mention guardians who you would choose to look after your children if they were still minors on your death. And let’s not forget any family pets for whom  you may want to set out your wishes as to who you would like to care for them if they outlive you.

There may be occasions where, for whatever reason, you decide you don’t want to benefit certain individuals.  Not necessarily just from a falling out within the family – but maybe for tax efficiency reasons, or because some family members are more in need of financial support than others.

None of the above areas are covered by the Laws of Intestacy that apply when a person dies without leaving a valid Will.

Not everyone’s circumstances are the same.  So why rely on the law that treats every person’s estate the same?  It is important to take advice and make a Will today – one that can be tailored to suit your circumstances, and the circumstances of your loved ones.

Karen Thompson is a Private Client Partner with Nexa.  To contact Karen about any of the issues outlined in this article, call +44 (0)3300 24 24 20 ext 204, or email karen.thompson@nexa.law