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What To Do When Someone Dies

Why Should I Bother To Make A Will?

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WHY SHOULD I BOTHER TO MAKE A WILL?

You may consider yourself to be as poor as the proverbial church mouse, but the chances are you have some assets. By making a will you will ensure that any assets left over when bills have been paid are allocated in accordance with your wishes. It will also make life much easier for those who survive you.

It is worth emphasising that verbal instructions have no legal standing and you need to make a written will in order to ensure that your wishes are carried out.

WILLS MUST BE WRITTEN DOWN

My late mother frequently explained in detail to me how she wanted her assets to be distributed. She seemed to take the view that making a will was unnecessary provided everyone was aware of her wishes. I was reluctant to force the issue, but when she turned 80,1 decided I had to take the bull by the horns. I pointed out that unless she left her instructions in written form and had them witnessed, her property and assets would have to be sold and might not be distributed as she would have wished. The penny dropped and a week later she went to see a solicitor about making her will.

If you die without having made a will you will be regarded as having died intestate, which means that your estate will be distributed to your living relatives according to criteria laid down by law, regardless of your real intentions. If you have no living relative it goes to the Crown. (See Figure 1: Rules of Intestacy.)

At what age should you make a will? Legally anyone aged 18 or over may do so and so may members of the armed forces on active service who are under the age of 18. (In Scottish law the minimum age is 12.) In practice very few people in their teens or twenties will bother, and if they possess very few assets, they may feel there is little point. However, once you

Flowchart of the Rules of Intestacy

A ROUGH GUIDE TO WHERE YOU GOES IF YOU DIE WITHOUT MAKFNG A Will

have acquired some assets in the form of savings and property, get married or have dependants, you need to act responsibly and make a will, however simple, to clarify who gets what in the event of your decease. One lady I know made her first will at the ripe old age of 20!

THE ADVANTAGES OF TYING THE KNOT!

A friend of mine, a divorcee, had been living happily with another partner for several years, but neither of them had seen any point in tying the knot. However, when he looked into the possibility of buying a property in France he discovered to his chagrin that under French law his ex-wife and children would have a claim on his assets. (Scottish law is similar in this respect.) This prompted a rethink and he married his partner soon after.

In English law, too, unmarried couples, who may be treated as married partners in other respects, could encounter legal and financial problems when one partner dies. The surviving partner (unless officially designated next of kin) does not have any automatic right to a say in funeral arrangements and could miss out on various benefits or the partner’s pension.

Another consideration is that if no will has been made any assets will automatically go to the deceased’s blood relations, though it may be possible to mount a legal challenge. If there is a legal impediment to marrying, you could explore the idea of a Living Together Agreement – the Citizen’s Advice Bureau or Advice Now website will have details – but this will not necessarily solve the problem. You have to make a will if you wish your partner to inherit.

Same sex partners who have registered their relationship under the Civil Partnership Act 2005 have a legal claim on the other’s estate and may be eligible for other benefits, too, when one partner dies.

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