Where the deceased has not left a Will your family would have to choose a representative for you to approach probate, to obtain, a grant of letters of administration, ensuring someone is appointment as the administrator for your estate. Your estate is then distributed under the rigid rules governing the Law Of Intestacy. This law, laid down in the Administration of Estates Act, applies irrespective of the amount of wealth a person owns at death.

Where the deceased has not left a Will the law does not allow any opportunity to consider any wishes the deceased may have had, even if those wishes appeared obvious and written down other than by a properly executed Will. In fact a Will written, but not executed correctly, could very well constitute that the deceased had changed his mind as to whom his beneficiaries should be.

I don’t need a Will I have very little to leave!

A man died who, after deducting all his debts and liabilities, had only a few thousand pounds and no living relatives. His best friend knew that the man was an ardent supporter of childrens charities and had been told by his friend many times that “when he died he wanted all his cash to be given to that particular childrens charity”. The man duly passed this information on to probate, who had no option under the law, but to give the mans few thousand pounds directly to the Crown.

Where the deceased has left a Will your chosen executor is appointed and applies for a grant of probate this frees your estate for distribution to your family in the exact way that you have decided in your Will.

Which do you think would be the simplest and quickest? Hmm, should I leave a Will or rely on intestacy?

Did you know that if you own your house jointly with your spouse or partner you couldn’t leave your share to your children unless you take other steps and make specific arrangements in your Last Will?

If you do not own your home jointly you could find yourselves having serious problems even staying in the property. The fact that a couple have been living together for many years gives no automatic entitlement to the estate of the first to die. Even if, through the courts, you eventually get the estate you may have had to wait many years and paid many unnecessary fees while sorting it out.

Testators with minor children should consider who would have the care of any minor children who survive them.

The guardianship of minors act 1971 has been repealed in its entirety by the Childrens Act 1989, Schedule 15.

A parent with parental responsibility may appoint a guardian. Broadly speaking, a mother has parental responsibility irrespective of her marital status. A father has automatic parental responsibility if he has been married to the mother at any time later than the date of conception. An unmarried father may aquire parental responsibility by court order or agreement with the Childs mother. An appointment may be made by Last Will or in writing (section 5 (5)).

 An appointment by one spouse where the other spouse survives will now not normally take effect until after the death of the surviving spouse. If the surviving spouse also appoints a guardian, the two guardians will act together after the death of the surviving spouse.

Testators with minor children should consider who would have the care (guardianship) of any minor children who survive them by making sure that a guardian is named in your will. Thus giving someone of your choice your legal consent through your Will, therefore, preventing the state and social services stepping in and having to choose a guardian for your child in your absence.

The state will undoubtedly do its best for the child but why risk the unnecessary trauma this can cause. Make a Last Will and make YOUR wishes known.  It can take The Social Services years to make this decision for you.

AFTER they make this decision, COSTS could be incurred for doing it, payable from your estate, from your childrens inheritance.

Needless to say, great consideration must be given to appoint someone appropriate and responsible who can love and care for the infant as you would have done yourself. You may wish to consider a close relative or Godparent to fill this parental role. A suitable executor can also act as guardian and vice versa.

Inheritance Tax may be payable on your estate when you die.

If in any doubt you should seek professional advice.  Please advise us if this is the case when you submit instructions for a Will.

No Inheritance Tax is paid on any assets passing between husband and wife.

No Inheritance Tax is payable provided that the total value of your estate is less than the inheritance tax threshold.

Inheritance Tax is paid at 40% on any part of your estate above the inheritance tax threshold.

  When valuing your estate you should take into account the value of all of your assets, including your property, savings, stocks, shares, premium bonds, Building Society accounts, Bank accounts, antiques, in fact everything that you personally own.

If you are in doubt as to your financial position, whether Inheritance Tax would be due and it's effect on your estate, you should seek professional advice.  Please advise us if this is the case when you submit instructions for a Will.

                                           Quote from the founder of WiseWills.

"Unfortunately experience has shown me that people often plan to make a Last Will and Testament but for whatever reason they seldom get around to doing anything about it. Often leaving their most loved one’s in a needless panic at a time when they most need reassurance".