Here are some examples of questions asked

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(Q) What happens if I do not have a Will?

If you don't have a Will, everything you own will be shared out in a standard way defined by the law.  People you would like to leave something to - such as a partner you are not married to - may end up with nothing.  Having a Will is the only way to ensure that your money and possessions are shared between the people and causes you care about in the way that you want.  You can even include in a Will the distribution of significant personal possessions with considerable sentimental value to you.

(Q) What is the Inheritance Tax (IHT) threshold in the UK?

If you think your estate is valued at more than £325,000 in the UK it could possibly be subject to a HMRC Inheritance Tax.  A Will  can help reduce the amount of tax that may be payable on the value of any property and money that you leave

(Q) When should I make a Will?

People often put off making their Will, thinking that it is something they can do at a later stage. In theory you can write your Will at any time, but if you put it off, time can run away with you, and you may find you are coping with other things and don’t feel able to make a Will.

If you wait until you are receiving end of life care, in a hospice or very unwell, you may not be able to make a Will, as you may be considered by the law to lack mental capacity. It is better to do it when you are reasonably well and are feeling up to it. Knowing you have done it can also help to clear your mind of unnecessary worries, helping you to relax and make the most of the time you have.

(Q) What happens to my possessions if I do not have a Will?

When you die without leaving a will, the law decides who gets what and how much.

It doesn’t matter what your relationship with those people was like when you were alive.  By leaving a will that says clearly who should get your property and money when you die, you can prevent unnecessary distress at an already difficult time for your family or friends.  Some parents have had to sue their own children to get a share of their partner’s estate when their unmarried partner dies.  The law says that in this situation the children get everything.

(Q)  What is Intestacy?

Dying without a valid will is called intestacy or dying intestate.  The law about exactly who gets what is different in England, Wales, Scotland and Northern Ireland, but there are some common problems wherever you live.

(Q) Are there any common rules if I die without a Will?

In short "yes"!

• If you’re not married and not in a civil partnership, your partner is not legally entitled to anything when you die.
• If you’re married, your husband or wife might inherit most or all of your estate and your children might not get anything (except in Scotland). This is true even if you are separated but not if you’re divorced.
• If you have children or grandchildren, how much they are legally entitled to will depend on where you live in the UK – but if you make a will you can decide this yourself.
• Any Inheritance Tax that your estate has to pay might be higher than it would be if you had made a will.
• If you die with no living close relatives, your whole estate will belong to the Crown or to the government. This law is called bona vacantia.

Note: any assets that you own jointly with someone will not pass under the intestacy rules but will pass by survivorship to the surviving joint owner. But be careful, you need to own the asset as ‘joint tenants’ and not as ‘tenants in common’ for survivorship to apply.

(Q) Who will inherit if I die without a Will?

You can find out exactly who will inherit your property if you die without a will by using the online calculator on the GOV.UK website.

This covers variations in the rules for England and Wales, Scotland and Northern Ireland.

The calculator uses some legal terms that might be unfamiliar, so here’s a quick guide to what they mean:

• Remoter issue: grandchildren, great-grandchildren and so on: your direct descendants in later generations than your children.
• Per stirpes: Latin for ‘by branch’. This means that each branch of the family gets an equal share of your estate. For example, if you had three children, each of them would get a third of the total. But if one of your three children died before you, that child’s children would share their parent’s third of the estate between them.
• Chattels: things you own, like furniture, jewellery, cars or books.

(Q) Why is a Will important if I have had a baby or have children?

Well, first of all, no one knows what’s round the corner. And if you die without a will, it’s the law that decides who gets what. That means members of your family could receive less than you or they expected, and you could leave them with an unnecessary financial mess. But a will isn’t just about money – it’s also about deciding who should look after your children if you die (appointing a guardian or guardians for them), and making proper financial arrangements for them as they grow up.

Find out more about why you should make a will

(Q) What happens if you are unmarried with children?

Fewer people are getting married today than at any time in the last 100 years. But sadly, the law hasn’t caught up with that fact.  The reality is that if you die without a will, your unmarried partner is not automatically legally entitled to anything.  In the worst case, that could mean your partner not being able to stay in the family home or not having enough money to bring up your children.  Make a will or review the one you have to make sure your partner and children gets what you want them to have.

DID YOU KNOW:  Many people think a ‘common law’ partner (someone they live with as if they are married) has automatic rights to inherit if their partner dies. They don’t. Without a will they might have to go to court. 

(Q)  What is a Letter of Wishes / Expression of Wishes?

A letter of wishes is a document drawn up to accompany your will. Unlike a will, it is not legally binding, but it provides guidance for the people dealing with your estate and/or any trusts that are to be set up after you die. A letter of wishes serves to capture your guidance on specific matters that require discretion. It tells your executors, trustees and/or family your views on how you would like them to deal with your assets. It can also set out the way you wish them to approach the exercise of their powers.