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Radio 2 recently reported on research that found the majority of adults do not have a valid will in place. Given the relatively low cost of having one professionally prepared, there is no excuse and it can avoid a potential mess being left behind for your loved ones to clear up.

And if you still need convincing – read on……

 1.   You get to choose who benefits from your estate

•  without a will, the intestacy rules apply and there is no provision for unmarried partners
• if a couple die together and have no children, there is a presumption that the younger survived the elder, so everything goes to the younger’s relatives

 2.   It ensures your wishes are binding

•  the executors dealing with your will are required to comply with certain rules

3.   You make sure the funeral arrangements you want are clear

•  it is still important to make your next of kin aware of your wishes as the funeral may take place before your will is even found

 4.   Allows you to have a voice about your children

• you can appoint legal guardians
• if you want someone to care for your children who would not usually be considered their next of kin then you can explain your reasons

5.   It can safeguard your business

•  you ideally need to consider in advance tax points such as IHT (Inheritance Tax) relief
• decide who to leave as the majority shareholder – although this would also need to be in accordance with any shareholders agreement

6.   It enables you to leave gifts to charity

•  many charities rely heavily on bequests in wills
• these gifts are free of IHT

7.   It enables you to make minor/specific bequests

•  the intestacy rules simply split your estate into percentages
• you may prefer to make individual gifts of personal items eg jewellery

 8.   It allows you to choose your own executors

•  you can save money with less professional involvement if you appoint friends or relatives
• you can avoid overburdening your next of kin (at a time when they will be very emotional) as there is a presumption they will deal with the estate if there is no will

9.   It enables you to take advantage of some tax planning

•  getting professional advice on a will includes reviewing your IHT position and how it will get paid

 If you would like to make a will, please contact our James Blakemore on 01992 631461 or email him at This email address is being protected from spambots. You need JavaScript enabled to view it.

Curwens LLP is your local firm of solicitors offering most areas of legal advice – based in Royston, Hoddesdon and Enfield.