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An Article by Anne Stennett, Private Client Solicitor at Curwens LLP

Writing a Will is an act of love. It shows people that you love and care for that you will protect their interests even when you are no longer around to love and care for them.

Over the past 20 years, I have seen thousands of clients, and taken many Will instructions from people in many different circumstances. One thing people often say is that they are hesitant at first, but find that they have gained peace of mind once the Will has been signed.

On average, between 10,000 and 11,000 people die in England and Wales every day¹. Research suggests that 3 in every 5 of them will have died without making a Will, and surprisingly that number includes one in every ten people over 75.

What happens if you die without having made a valid Will?

Legally you would have died “intestate”. In these cases, strict intestacy rules apply determining how your estate (your assets, your money, and your possessions) will then be distributed amongst your legal relatives. Note, I said your ‘legal relatives’. Because if you are separated but not divorced, your estranged spouse or civil partner will be entitled to assets that you would have wanted to go to the loving “common law” partner that you may have lived with for the past 20 years. Step-children will also not be provided for.

Also, because the intestacy rules are so strict, dying without a Will, might force your spouse or partner to sell your home in order to pay somebody else their share of your estate. Or in extreme circumstances, everything might go to the government!  Ugh!

Writing your Will is about taking back control and remembering the people and the things you care about. Whether that be your loved ones, or maybe that life-long friend or the charity that you donate to every month. 62% of UK residents gave money to charity last year², a third of whom give money regularly. Only by making a Will, can you ensure that the charity you support will receive money from your estate.

Furthermore, as our lives progress, our circumstances change, and reviewing your Will every four of five years is earnestly recommended too.

Important reasons to make a Will?

• If you own property, or assets above £325,000
• If you are not married to, or in a civil partnership with the person you cohabit with
• If you are part of a blended family
• If you have young children
• If you have estranged family members
• If you own part of a business
• If you have a longstanding friend, a cause, charity or project that you would like to leave a gift to

Every person who can tick at least one from the above list should have a Will. I have clients, a couple,  who are both well in to their nineties now, and they have had Wills for well over 40 years, so writing a Will is not about getting prepared to die, it is about having the freedom to live, and gaining that all important peace of mind.

As the new year beckons, do not put off until tomorrow, a job that can easily be done today. And making a Will is one of the easiest of jobs to tick off the New Year list.

Curwens has an experienced team of Private Client solicitors, who can advise you and discuss your needs with you. Whether you need a straight forward Will, or more complex Wills, maybe Powers of Attorney we can help you get that peace of mind. To find out more, please email This email address is being protected from spambots. You need JavaScript enabled to view it. or call her on 0808 164 8443.

¹ Source: https://www.statista.com/statistics/1111804/weekly-deaths-in-england-and-wales/

² Source : https://www.nptuk.org/philanthropic-resources/uk-charitable-giving-statistics/