Making a Will

If you die without a will your estate will be distributed under laws known as the intestacy rules and your property and other assets may not pass as you would expect. For example, if you and your partner are not married at the time of your death, they will not receive anything under the intestacy rules.

A will ensures that when you die, your estate is distributed according to your wishes. A will allows you to:

• Choose who will administer your estate
• Specify who will receive specific items
• Legacies and the remainder of your estate
• Benefit good causes
• Deal with any matrimonial concerns e.g., if you or your spouse have been married before or have children from a previous relationship
• Appoint guardians for your children
• Create trusts
• Plan for tax (more on this below)
• Indicate your wishes about funeral arrangements

There are many advantages to making a will rather than leaving matters to be dealt with under the intestacy rules. It is important to remember:

• A co-habiting partner is not a spouse and currently does not have any automatic legal rights of inheritance in the event of your death.
• If you have made a will and then marry (or enter into a Civil Partnership), the will is automatically revoked and is invalid unless your will is expressed to be made specifically in contemplation of that particular marriage/Civil Partnership.
• A divorce does not automatically revoke a will.
• However, any appointment of a spouse as an executor and any gift to a former spouse would not take effect after a divorce.
• Merely separating from a spouse does not alter or invalidate a will.
• If you have an interest in foreign property or have an existing foreign will, special care will be necessary to deal with the issues of revocation, succession and foreign taxes.