Why should I get a will?

 
Bleak House The characters in Charles Dickens's Bleak House battle over a disputed will

Despite this being an age of complicated financial affairs and intricate family relationships, more than two-thirds of people in the UK don't have a will. So why do so many people simply refuse to make one?

Wills, or the lack of, have formed the basis of many a fascinating story. From Dickens to EastEnders, they have made and broken lives, ripped apart families and created millionaires.

But as much as people might be fascinated by others' tales of surprise windfalls or bitter disinheritance, when it comes to our own affairs, it seems we suffer a serious case of ostrich syndrome.

Only three in 10 people in the UK have a will. Last year the Treasury gained £53m from people who died intestate - without a will. The year before it was £76m. And yet the fractured nature of modern families and an increasingly litigious society means making a will has never been so important.

So what is it about signing on the dotted line that leaves people so nervous? And is the whole notion of wills about age or assets?

Lucy Townsend Lucy Townsend accidentally cut her entire family out of her will

November is Make a Will Month, when the £85 fee that would usually go to the solicitor will instead be donated to Will Aid, a charity that distributes the money to worthy causes. So it seems as good a time as any for me to put my assets in order.

The first thing my solicitor tells me is that making a will does not mean I am about to die.

The next is that I filled out my preliminary form incorrectly, accidentally cutting out my entire family.

The language of wills is confusing. Steeped in history, it is formed on precedents of circumlocution. As mere laymen faced with the already daunting task of contemplating our death, navigating legal jargon makes it all the more stressful.

"The language is getting better," says Nick Hall, of London's Davenport Lyons, the man charged with writing my will. "We are trying to make it clearer, but there are precedents decided by law and the language is part of that."

The role of solicitors is to tell people what things mean, he suggests.

"I have dealt with wills that people have written themselves, from the internet or from shop bought templates, and they have been totally invalid.

"One I saw only had room for one witness signature - it has to be two. Another client I had wanted to leave all his golf clubs to his best friend, but his best friend was the witness - which means that was invalid - he could never get his golf clubs."

Of course, a cynic might argue that solicitors have just a whiff of vested interest in suggesting DIY wills are a legal minefield that should be avoided.

Where there's a will...

Last will and testament generic
  • Shakespeare's will says of wife Anne Hathaway: "I gyve unto my wiefe my second best bed with the furniture"
  • Actor Peter Sellers left his three children £800 each, with the bulk of his £5m fortune going to his estranged fourth wife. It is believed he tried to change his will on the day he died.
  • Portuguese aristocrat Luis Carlos de Noronha Cabral da Camara made 70 strangers picked from a phone book his sole beneficiaries

Off-the-shelf wills are popular. They can be quick and cheap and there are plenty that are perfectly valid if filled in correctly. WHSmith has sold more than a million of its £9.99 Will Packs.

Or you could save yourself even that and go fully DIY.

As with any task, the more complicated the parameters, the more likely you are to think about getting a professional in.

By the end of my meeting with the solicitor, I realise making a will is not a harrowing process. I didn't die as I left his office and it's not particularly complicated, but then neither is my situation.

It can be for families where the parents are unmarried and have children. Here things have the potential to become more problematic and not having a will can have devastating effects.

Richard Moore died in 2009, suddenly, from a pulmonary embolism. He did not leave a will.

"After his death, we were advised that as he was not married and had no dependants his estate would be shared equally between his surviving parents," says his brother Dr Jeremy Moore.

"Richard's biological father played almost no part in his upbringing. My mother divorced my father in the early 1970s. We never saw him. He was not part of our lives."

But Richard's biological father accepted his full entitlement.

Start Quote

Dr Jeremy Moore

It was my mother's responsibility to find my father, pay legal fees and then meet the costs of tracking him down”

End Quote Dr Jeremy Moore

"It was my mother's responsibility to find my father, pay legal fees and then meet the costs of tracking him down," says Dr Moore. "Then it was not just a question of him having half of my brother's money, we had to sell his home and his possessions - his CDs, DVDs, his clothes - all for this man, a stranger, who didn't even send us a birthday card in our entire lives."

But despite the horror stories there are many people who would rather not face up to making a will.

Stephen Travis and Joanna Thompson have lived together in their Brighton home for 10 years. They have a son, they are not married and they have no will.

"Making a will is not something that I have ever thought about," says Travis. "It isn't a priority. It's morbid and I don't like thinking about it. It's also a tricky thing to bring up without sounding like you want to ensure your inheritance."

But if the worst happened to her partner, Thompson would be left with nothing. The house they share was originally his, and while they have shared the mortgage for 10 years if he died Joanna would have no claim. All Stephen's assets would be passed directly to his three-year-old son. Leaving Joanna to cope on her own until their son comes of age.

Some parents have been forced to effectively sue their own children just so they have enough cash to live.

Worse still - what would happen to their little boy should they both die?

The solicitors who make wills encounter many reasons for reluctance.

Many people just can't face the prospect of contemplating their own mortality, says Charles Neal, partner at Bell & Buxton Solicitors in Sheffield.

"Others don't like trying to decide between family and friends who gets what," says Neal. "Some think it is something that people have to do in old age, some don't like the paperwork."

And the reason for having a will is to make things easier for your nearest and dearest if you do suddenly die.

But I still have not signed my will, because it is thought provoking and sad. Seeing my Last Will and Testament, bound in card and bearing my name, was a strange, almost out-of-body, experience.

I felt like Reggie Perrin. But equally, as soon as it is signed I can put it in a drawer and concentrate on living. Maybe it is not such a big deal after all.

 

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  • rate this
    0

    Comment number 65.

    Single, 25, living in rented accommodation and perfectly happy for my savings to be divided between my parents. Do I really need to waste money on a will?

  • rate this
    +1

    Comment number 64.

    How many solicitors do the conveyancing for someone buying a house, yet never think of this element? Very few! Remember, you do not need a solicitor to transact a will, probate is easy to do, and they do not need to be executors either - an easy feed. I have seen wills where they totally omitted guardians for infant children and where the same piece of land was left to two different people...

  • rate this
    0

    Comment number 63.

    @13 Honest_mistakes
    making a will is not just about belongings it also dictates your funeral etc, so having a will takes the pain and hassle away from your remaining relatives.

  • rate this
    +2

    Comment number 62.

    Trying to encourage me to make a will by promising to donate the fee to a charity that I've never heard of is not really an incentive. Letting me make a will for free would be.

    Our government subsidise or give many ridiculous things away for free, surely a will would be practical and useful for many and save millions in unnecessary legal fees where no will has been made.

  • rate this
    +1

    Comment number 61.

    We are living in a more litigious society than ever. There is quite an amount of dispute over wills. Why would anyone want to make a will themselves, online or use an unqualified person to assist them. If you use a solicitor that specialises in the area at least you have done all you can to ensure that those you want to benefit do.

  • rate this
    0

    Comment number 60.

    "54.Green Future
    5 Minutes ago
    Why should I get a will? Yes"

    This geniunely pains me reading it!

    In other news, I was nearly in a bad car crash yesterday, made me really think about what I want to happen to my stuff (money to my Dad, DVS to my sister, CDs to my bezzie, anything else to anyone who wants it- possibly in a free-for-all, being filmed as a reality show for ITV3??)

  • rate this
    +10

    Comment number 59.

    A lack of a will has caused many a family rift. I quite enjoyed making mine leaving most to my wife but small items to those people who have made a difference in my life. Just make sure you keep it up to date or the second wife will not be amused when the first one gets the lot!

  • rate this
    +1

    Comment number 58.

    Enjoyed the article until that sign-off paragraph.

  • rate this
    -1

    Comment number 57.

    It annoys me that If I wrote a formal document and signed it myself, that wouldn't count. The idea that you have to pay a lawyer for the privilege to be able to dictate what is done with your stuff bugs me no end. Im 29, I have no assets, save my E.H.D. which should be destroyed upon my death to protect my good name!

  • rate this
    +2

    Comment number 56.

    I first made a will at the age of 24 my husband was 28, we had one child and another on the way. Six months later my husband was killed in a car accident. I was glad we had our affairs in order it provided me and the boys with financial stability at such a diffcult time. Losing my husband was awful but at least I didn't have to cope with sorting legal matters, I could just care for my boys.

  • rate this
    0

    Comment number 55.

    I can highly recommend getting a specialist will writer to come and lead you through the process. We had an excellent local chap come to our house one evening and took my wife and I through the whole process in a couple of hours, giving us advice and guidance on how we can ensure that if the worst happens our children and our finances will be dealt with in the way that we would wish.

  • rate this
    0

    Comment number 54.

    Why should I get a will? Yes. Unless you want to give your assets people you hate include the Government

  • rate this
    0

    Comment number 53.

    Strange that there is no mention of just general apathy towards the issue. Having a quick discussion in the office about this and several people have said that they simply don't care what happens after they die.

    Perhaps not an admirable point for the parents here, but nevertheless it's a valid reason for not having a will.

  • rate this
    0

    Comment number 52.

    As a legacy fundraiser for a hospice, I am aware of the importance of having a will. It means that you are in control of what will happen to everything you own and provides peace of mind & provision for family, friends and chosen charities. If you die without making a will, the law decides how your possessions will be divided & often family are left with large legal bills.

  • rate this
    +22

    Comment number 51.

    It's so important. My partner died when I was only 33, and the house that we'd lived in for 10 years became the propery of his ex-wife, who had lived there for 6 months before me. My partner hadn't sorted out the deeds or made a will. I had paid the mortgage for the entire time we lived there. My choices were either to leave or fight a lengthy court battle whilst greiving for my partner. I left.

  • rate this
    +2

    Comment number 50.

    My son is a toddler so by making a will I have influenced how the money I leave will provide for him. Clearly at 3 he won't be able to do it himself. A will, creating a trust for him should I die, (I'm not rich & it sounds grand but isn't) allows me to say who controls the money, what it is spent on - food, clothes, a home - and when he gets anything that's left over.

    £100 for peace of mind

  • rate this
    0

    Comment number 49.

    Anybody getting a mortgage should be compelled to prove they have a will. After all, you have to show how you will settle the mortgage if you die (ie life insurance), you should also have to show how your assets will be dealt with.

  • rate this
    +3

    Comment number 48.

    lucy, you need a new job.

  • rate this
    +1

    Comment number 47.

    My wife and I were concerned about the possibility of a fatal car crash. In the event of joint deaths, it is assumed that the younger person survives the older by a split-second, so all my assets would have passed to my wife and then to her parents. Mine, who weren't well off, would have got nothing. The will ensured that both families were adequately covered. Thankfully, it never happened.

  • rate this
    +2

    Comment number 46.

    I don't understand why people think it's morbid; the only constant in life is death, so get over it. You protect yourself and your family with insurance, pensions, savings, bike helmets, seat belts, child car seats etc so why put your loved ones at risk of being homeless or penniless because you couldn't be bothered to write down what you want to happen to your possessions and money when you die

 

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