Making a Will can be emotionally difficult. Planning what happens after you pass is incredibly stressful, although making sure that your loved ones are looked after can give you peace of mind.

If you die without a Will, your estate will be subject to intestacy rules, where it is up to the court to decide what happens to your assets, which causes even more distress for your loved ones at an already difficult time.

Making a Will is usually very straightforward, with many benefits. If you’re still unsure, we’ve answered the top 10 frequently asked questions for making a Will below so that you know where you stand.

1. Why make a Will?

Creating a Will allows you to express your wishes for the distribution of your assets once you die.

This too lets you decide who will benefit from your estate and what exactly they are entitled to. It also allows you to appoint somebody you trust entirely to deal with the administration of your affairs.

2. If I die without a Will, can my family work it out themselves?

If you die without having made a valid Will, also known as ‘intestate’, the intestacy rules apply which will ultimately decide who benefits from your estate. This can create difficulties between your loved ones and will make an already emotional time even more tumultuous.

It is especially important to make a Will if you are unmarried or you have not registered your civil partnership, as partners simply living together do not automatically benefit from your estate, which is a very common misconception.

3. Should I use a Solicitor to make a Will?

When you make a Will through a solicitor, the chance of a problem or dispute arising after your death is drastically reduced. Homemade or ‘DIY’ Wills are prone to issues, usually because they have not been created properly. In these cases, a Will can be deemed invalid which will mean your estate is subject to intestacy rules.

Disputes are also very common with DIY Wills. These kinds of disputes arise more often when someone dies without a valid Will, as certain people are entitled to apply to the court to challenge the provision made by the intestacy rules. To read more about disputed Wills, read our dedicated article here:

There is huge stress and expense attached to such claims.

Call today and speak to a solicitor about your Will. 

4. Does a signed note count as a Will?

Whilst a Will can also sometimes be challenged on the basis that it is unfair, the courts are generally more reluctant to interfere in the provision made by a Will than the intestacy rules.

5. Can my family divide my estate when I die?

The short answer is yes, they can. If you die without a Will, an administrator will be appointed to wind down your estate. If you do have a Will in place, it is common to appoint an executor in your Will, and it will be their responsibility to administer your estate. It is often quicker, cheaper, and less stressful to administer an estate when there is a Will and an appointed executor in place.

If you die without a Will, it may also be necessary for your estate to commission genealogical research to identify any lost or unknown relatives which can prove costly and time-consuming.

6. Why make a Will, when my assets are already laid out?

Having a valid Will also enables you to preserve assets for beneficiaries. For example, if you have property and/or business interests, you may want those to go to certain people, whilst leaving further assets to others.

The intestacy rules provide for a division of your whole estate, so, if more than one person is due a share, this can necessitate the sale of assets.

This can cause problems and uncertainty for your employees if you have a business, and property may need to be sold despite it being the home of a particular beneficiary or other dependents.

Are you unsure of how to preserve your assets? Make an enquiry. 

7. Can someone else manage my estate when I'm gone?

A Will can be used to ensure you make provisions for those that need it, whilst protecting assets for other beneficiaries. For example, married couples can very easily set their Wills up to protect a share of their home from being used to pay for care fees.

This will give them the comfort of knowing the property is available for the survivor to live in for as long as it’s required. Equally, for couples whom each have children from previous relationships, a trust can be used to secure a part of the estate for those children.

Otherwise, the intestacy rules may result in all the marital assets being passed down to the surviving spouse, with the children of the first spouse getting nothing.

8. Is there a tax benefit to making a Will?

Creating a Will can be a useful tool to minimise Inheritance Tax if your estate is worth over £325,000.00.

Do you want to learn more about the tax benefits? Request a callback. 

9. I have a disabled family member, could my Will affect their benefits?

A correctly drafted trust in your Will could enable someone to manage the inheritance you leave to a disabled or vulnerable person and may ensure the intended beneficiary does not lose his/her means-tested benefits.

If you die without a Will and a share of your estate is left to a vulnerable or disabled beneficiary, the person handling your estate may need to insist on someone applying to be their court-appointed deputy before paying out their share.

This is a process that is both expensive and time-consuming. This is because people who lack capacity are unable to give a valid receipt for their share of an estate.

10. Who looks after my children if I die without a will?

You can nominate someone to act as a guardian for your children/pets within your Will (if you die while your children are minors) and you can also record your funeral wishes in your Will.

These are things that people do not commonly discuss within a family, so formally expressing your wishes in a Will can provide very helpful and practical guidance for those you leave behind.

11. Does my Will only apply to physical assets?

Your assets won't just include money in the bank and material goods or property.

Digital accounts and online purchases, such as music, photographs, or websites, also form part of your possessions and can go unaccounted for if you don't include them in your Will.

Emails and social media accounts also form part of your legacy and so you can express whether you want this information destroyed or protected.

Speak to a legal expert about your physical assets. 

I still have more questions!

Making a Will doesn’t have to be stressful with the right legal guidance. Jackson Lees is committed to making the process of creating your Will as easy and stress-free as possible.

Make an enquiry with our trusted solicitors in Liverpool and the Wirral to discuss your circumstances, or alternatively call us on 0151 282 1700