Where There’s a Will There’s a Way

We are all going to die.

Wow, that got dark, straight off the bat. In all seriousness though, it is true.

The one inevitable part of life is that it will end. When that time comes, you need to have a Will in place.

A Will is a clear indication of what you intended to be done with your assets and possessions. When you die it is important to have a Last Will and Testament, so that the division of your property and assets can be as straightforward as possible.

In the UK, if you die without a Will there are rules that will dictate how the money, property or possessions should be allocated. These rules may not necessarily align with your wishes. Having a Will ensures that your voice is heard in these circumstances.

Click here for information from the UK government about making a Will.

In the UK less than forty percent of adults have even discussed their instructions after death, and less than half of UK adults have a Will.

The absence of a Will can result in heartache for those surviving you. Having a Will can reduce the burden of knowing the wishes of the deceased.

Legal Document

A Will is one of the most important legal documents you can ever make. It clearly states what happens with your estate (all your assets and possessions) after you pass away. It can be of instrumental importance for tax planning to reduce the amount of Inheritance Tax, should your remaining assets reach above the Inheritance Tax threshold.

It is of particular importance if you have children, because you may need to specify within the Will who will care for them.

If you and your partner are not married, it can also signify if you want all or part of your estate to go to them, as without marriage they may not necessarily otherwise inherit from your estate.  

If you have possessions that you desire to go to a particular person, you can state that within the Will. You can also specify the treatment of your remains. For example, if you want a burial or cremation, or if you want your ashes to be spread in a particular location.

Its not just about your possessions and assets, but about your wishes in certain situations.

When Should I Make a Will?

Many people put off making a Will until later in life. The intention being that all their affairs will be organised and wrapped up in a neat bundle ready for old age and then eventual death. Before they expire.

Unfortunately, we do not know when we are going to die. It is one of the great unknowns.

Sudden illness and accidents happen without warning, and it is in these instances where a Last Will and Testament, can prove highly valued.

How Do I Make a Will?

You can write a Will yourself using online guidance and templates, or a Will writing pack that you can purchase online or in bookshops.

You may choose to use a professional Will writing service or you can use a Solicitor.

There are several options. It is important to choose the option that is right for you. Making a Will does not need to cost money, but if you can afford it there can be additional peace of mind using a professional service.

AgeUK has some very helpful guidance in relation to making a Will, that you can access here.

Citizens advice also have some very helpful guidance here.

You must be able to understand what a Will is, what your assets are and who the beneficiaries are.

The person making the Will must be over the age of 18 unless they are in active military service.

The best way to make sure that a Will is legally binding is to use a professional Will writing service. You do not have to use one, but it can bring additional peace of mind knowing that all the rules have been followed.

Sudden and Untimely Death

I know firsthand the importance of having a legally binding and up to date Will in place.

Following my mother’s sudden and untimely death at the very beginning of the Covid-19 pandemic, I commenced with sorting and organising the estate as well as making the necessary arrangements.

My mother and I had discussed her very clear wishes shortly before she became unwell. This happened to be a timely conversation. We had several other conversations concerning her death during the preceding year, and while it was not a subject to dwell on, it was incredibly important to know her wishes. It was also important for my mother to know that everything was going to be OK.

I reassured her that everything would be done in the way that she wanted. This often came up in conversation during the last few months as it was on her mind.

My mother knew that I am the type of person that just goes ahead and gets things done and that I would follow her wishes.

Unfortunately, when the time came, there was a huge bump in the road.

Handwritten Notes

My mother did not have an up-to-date Will, that clearly stated her wishes.

Her previous Will had been written in 1979, more than 40 years previous. This was before the birth of her children. It was completely out of date and essentially unhelpful.

There were handwritten notes that my mother had written in 1986, 1994 and lastly in 2019, mere months before her death. The problem was that these were not legally binding.

Whilst I was arranging, sorting and organising, I included my sisters as much as possible in the process. My younger sister who was closest to our mother, (they had a wonderful relationship) lived in Canada, and due to the pandemic could not travel. Whilst there for moral support she could not help in person.

It is a deeply unfortunate and disappointing thing to put trust in the ones you love, only to give then the opportunity to behave in a deceitful way. My older sister has a problem with her emotions and in letting things go.

My older sister is a hoarder. This is a serious mental health problem that she suffers with greatly. My mother also had issues with letting go of physical possessions. Knowing this my mother wanted me to administer her estate, She specifically made a point of asking me to sort through her possessions and to clear the house after her passing.

The estate was worth very little. It mostly consisted of possessions.  

My mother was very aware of how her eldest would behave in this situation. I was naïve and trusting and wanted to do the best for all involved. My desire to include my older sister provided the opportunity for her to take over and to deny me access to the property.

Without going into too much detail for this post, I was unable to complete the funeral arrangements that I had began, and I was nearly denied the opportunity to attend our mother’s funeral.

I was locked out of the house and had to obtain legal documentation by applying for letters of administration from the UK courts stating that I was the legal administrator of the estate. This was a long process and was completed many weeks following our mother’s passing. Long past the funeral.

It lengthened the process and brough about much heartache.

Crystal Clear

If my mother had an up to date and legally binding Will her wishes would have been crystal clear for all to see. She knew the importance of having a Will. Amongst her papers I even found contact details for a Will writing service. When I called them to check if a Will was in place, they said the appointment had been cancelled the previous year due to my mother being busy on that day.

It was never rearranged.

Nobody knows when they are going to die. If you want your wishes to be known and carried out after death, make a Will. Tell your family. Talk to your loved ones. They may be some of the most important conversations you ever have.

If not for you, do it for them. To ease the heartache and burden that comes with the death of a most dear loved one.  

Peace of Mind

It took the loss of my mother, and the aftermath of dealing with the estate to spur me into action.

I now have a Will.

I knew the importance of having a Will. Its just that it always seemed like something that old people do. Something far off to do when I got old and retired.

Making the Will was a simple process. I contacted a solicitor and they guided my husband and I through the process.

It meant that we had to discuss our wishes and to have a clear understanding of what we truly wanted to happen after our death.

We both have separate Wills but they are very similar to each other. If we so choose, we can change them and update them in the future.

Our Wills state, who we would like to look after our children if we both die before they reach adulthood. It also states the treatment of our remains.

It clearly states how we want the estate distributed and any gifts that we wish to leave.

There is no ambiguity. It is clear in black and white. Signed and witnessed. A copy is held with the solicitor. We also have our very own copies and for extra security we are registered on The National Will Register stating which solicitor has a copy of the Will.

The National Will Register records the location of a solicitor’s office as the holder of the Will. It does not hold a copy of the Will itself.

When we die and if no one can find the Will, even if they do not know the name of the solicitor, they just need to consult the National Will Register.

This provides peace of mind.

Real peace of mind. I know that my voice will be heard. My children will be taken care of and my assets will be distributed how I so desire. I can rest well knowing that this is taken care of.

Act Now, Make a Will

Yes, we know that planning for death is not the most fun of subjects to discuss. But it is by far one of the most important. So many relationships are broken due to unnecessary behaviour following the death of a loved one. Emotionally charged situations can bring out the best and absolute worst in people. You can hope for the best but you must plan for the worst.

Act today. However, you choose to make a Will the important thing is that you make a Will, and that it is produced in the correct way so that it is legally binding.

Now that I have a Will the plan is to update it at least once every 10 years or if circumstances change in the intervening years. Once I reach my 70’s I plan to update my Will every 5 years.

You never know what will happen in the future. For whatever happens, I want to prepare the basics so that my wishes are clear and I have a voice.

Make sure your voice is heard.