Posted on: 17/01/2022

Category: For you

It is a sad fact, but on occasion we may meet a client who having lost a loved one then has to deal with the distress of finding out that their loved one had not made a Will.

So often a loved one might say that they do not need a will, or they are too young to need a Will, or they have told their friend who they want to benefit from their estate if they were to die.

Unfortunately what might be said by someone before they die and actually how their estate can be dealt with is not as straightforward as it could be if they had made a Will.

If you have a Will, it appoints Executors, they can be family, friends or professionals. It is the Executors that will deal with your estate and distribute the estate as per your Will.

In your Will you can say who you want to benefit from your estate, and include people who are important to you. You might want to leave something to a charity but if there is no Will then if they are not a relative, they may not receive anything from your estate.

If there is no Will, then your estate is dealt with under the Rules of Intestacy. It will be a relative who deals with your estate, and then there is a strict list as to who can apply. In some cases the Official Solicitor may have to deal with your estate if a relative cannot be located.

It also means that your estate will be distributed between your relatives, and whilst you may have wanted a partner or a friend to benefit from your estate, under the Rules they are not entitled to and it could involve a costly claim being made against the estate for them to benefit.

By making a Will you can include say who you want to deal with your estate, and who you want to receive something from your estate. Without a will your estate could pass to relatives that you may not want to have had anything from your estate. In some cases, your estate may go to distant family relative that you did not know existed.