5 Common Problems Arising from not Having a Will
As solicitors specialising in wills, we believe that it is never too early to plan for the future. Although it can be difficult to contemplate and make decisions about your own and your family’s future; if you don’t make a will, you will die ‘intestate’. In this article, we discuss 5 common problems that typically arise when someone dies without a will in place.
1. Your Assets Might Not Be Distributed as You Intended
One of the biggest issues with dying intestate is that your assets may not be distributed as you would have intended. Instead, they would be divided according to a set of legal rules known as the rules of intestacy. These rules prioritise certain family members over others and may not necessarily reflect your wishes for your assets. For example, if you are unmarried but have a long-term partner, your partner has no automatic right to inherit from your estate, even if you have lived together for a long time or if you have children together.
2. You Have no Arrangements for a Funeral
Although instructions left in wills with regard to funerals and arrangements after death are not technically legally binding, in most cases they are honoured by your executor/family. Many people have specific ideas about how they’d wish their funeral to be conducted, and without a will there’s simply no guarantee these would be fulfilled. It can also be extremely comforting and reassuring for your family to know that your wishes have been carried out in relation to your funeral, and a will is the ideal place to specify these preferences.
3. Disputes Between Family Members
Dying without a will can, and often does, cause disputes between family members. Without one, you have no executor of your estate, and an administrator would have to be appointed by the Court to deal with the estate administration. If your assets are divided according to the rules of intestacy, certain family members may feel that they have been treated unfairly. This could lead to disagreements and even legal challenges, which can be both upsetting and emotionally draining for you loved ones, not to mention expensive.
4. Your Children May Miss Out
If you have children, dying without a will in place can be particularly problematic. Under the rules of intestacy, your assets will be divided between your spouse or civil partner and your children. However, if your children are under 18, their share of the estate will be held in trust until they reach adulthood. This could leave your surviving spouse or partner struggling to provide for your children without access to your finances.
5. Additional Legal Costs
Some people are reluctant to make a will due to the initial cost of doing so. However, not making a will can actually be more costly for you and your family. For example, potential disputes after your death may result in further legal fees. Without clear instructions from you, your loved ones may have to spend additional time and money to sort out your affairs. This could include hiring a solicitor to help navigate the rules of intestacy or applying for a grant of representation to deal with your assets.
Here at RDC, we firmly believe that making a will is an essential part of any estate plan. It is essential to have a plan in place to ensure that your assets are distributed according to your wishes after your passing. Unfortunately, many people fail to create a will, leaving their loved ones in a state of confusion and uncertainty after they die.
If you do not have a Will or it requires updating, we would be happy to help. Our Wills and probate team have many years’ expertise in Will writing and are here to help guide you through the process and options available to you. If you need assistance in writing a Will, setting up Trusts or dealing with probate, call us today on Bradford 01274 735511, Ilkley 01943 601173 or Bingley 01274 723858.
