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The dangers of not making a Will

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In the current climate, it is not surprising to hear that people are putting making a Will on the back- burner.

The Law Society suggests a staggering 65% of over 65’s do not have a Will and only half of 45-64 year olds have a Will.

I believe one of the main reasons for this is the cost. Many clients decide to ‘leave it for now’ or ask if there are any cheaper alternatives. This response is astonishing considering the impact of not having a Will can have on the family.

It has become apparent that people are turning to the likes of Will-Writing Companies or making home-made Wills to avoid the cost and inconvenience of instructing a Solicitor. In my experience both of these are to be avoided. Home made Wills tick the boxes for being cheap and easily accessible and for very simple estates may suffice. However, for the majority, complications may arise, whether it be in the imprecise wording or the execution of the Will.

When dealing with something that could have such a huge impact on the rest of the family, I ask myself why are people cutting corners?

Yes, the state of the economy has a huge bearing on what people are choosing to spend their money on. However, what could be a better investment than ensuring that your family are provided for in the future?

Some people ask ‘Why do I need to make a Will? My family will get it all anyway.’

This may be the case in some situations. However the rules of intestacy tend to treat the surviving spouse harshly, particularly where the family home is owned in the deceased’s sole name. This may often lead to the home having to be sold to satisfy various family claims.

In short, in nearly all cases, failure to make a Will or making an inadequate Will leaves too much to chance and the security and reassurance of making a Will far outweighs the inconvenience and cost.

If you have any queries relating to making a Will please comment on this article and I will try and answer them.


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