The Importance of Making a Will: Protect Your Loved Ones and Your Legacy

The consequences of dying without a Will (intestate) can be both complicated and costly, often leading to unnecessary stress for your loved ones. Despite this, many people delay making a Will, citing reasons such as “It’s too expensive,” “Everything I own will automatically go to my spouse or children,” or “My assets aren’t worth much.” These are common misconceptions, and understanding the real benefits of having a well-drawn Will can make all the difference for you and your family.

What Happens if You Die Intestate?

If you die without a Will, the Intestacy Rules determine how your estate is divided. This rigid statutory formula may result in assets passing to beneficiaries chosen by law, not by you. Your spouse or civil partner doesn’t automatically inherit everything. Instead, they may only receive a portion of your estate, with the rest paid to your children (but not step-children). Shockingly, unmarried partners—even those in long-term relationships—have no entitlement under these rules. This can leave your loved ones vulnerable and potentially lead to disputes or financial hardship.

For example, if you’re in a blended family, assets may bypass step-children entirely or go to distant relatives you’ve never met. Worse still, if no eligible relatives can be found, your estate will pass to the Crown, meaning your hard-earned assets benefit no one you care about. The emotional and financial toll of intestacy on your family can be significant, with loved ones facing delays, legal complexities, and unexpected outcomes.

Why a Will Matters

A properly drafted Will offers clarity, control, and peace of mind. Here are just a few reasons why making a Will is so important:

• Ensure Your Family Is Provided For: You have the power to decide who inherits your estate. A Will allows you to tailor your wishes, ensuring your loved ones are cared for in the way you intend. Without one, the law dictates who gets what.
• Safeguard Your Children’s Future: A Will enables you to appoint legal guardians for your minor children, ensuring they’re cared for by people you trust should the unthinkable happen.
• Appoint Executors You Trust: Executors are responsible for managing your estate, including handling funds for minors or vulnerable beneficiaries. A Will lets you choose capable, trustworthy individuals to take on this role.
• Protect Against Care Costs: A carefully drafted Will may help shield part of your estate from being used to cover future residential care fees, preserving more of your assets for your loved ones.
• Distribute Personal Belongings: Whether it’s jewellery, paintings, or heirlooms, your Will can specify who should receive these sentimental items.
• Support Good Causes: If you wish to leave a legacy to charity, a Will can facilitate this—gifts to charity are free of Inheritance Tax (IHT) and may reduce the rate of IHT payable
• Express Funeral Wishes: Your Will is an opportunity to outline your preferences for your funeral arrangements, offering guidance and comfort to your family during a difficult time.

Keeping Your Will Updated

Life doesn’t stand still, and neither should your Will. Family circumstances change, tax laws evolve, and your wishes may shift over time. It’s essential to review your Will regularly (at least every five years) to ensure it remains aligned with your current situation and intentions.

Why Choose Machins Solicitors?

At Machins, we pride ourselves on delivering excellence and taking the time to get to know you, your family, and your unique circumstances. For us, it’s personal. We invest our time and energy in building strong, meaningful relationships to provide you with the right legal solution. Our values of integrity and trust underpin everything we do, ensuring that you receive the best possible advice and outcome.

Our team understands that making a Will is about more than just legal documents; it’s about safeguarding your loved ones and securing your legacy. In a constantly changing world, we’re here to offer tailored guidance, helping you navigate complex issues such as Inheritance Tax and protecting vulnerable beneficiaries. Our strength lies in our people, whose expertise and commitment ensure your wishes are clearly expressed and your loved ones are protected.

Making a Will is one of the most important steps you can take to secure your family’s future—don’t leave it to chance. Take control and ensure your legacy is passed on according to your wishes. Join the next in our series of free webinars to learn why making a Will is essential and the key steps you need to take to put one in place.

This guide assumes English/Welsh law applies. Different rules govern succession in Scotland and Northern Ireland.