This is a question that is frequently posed. Making a will is something that many people often put off doing. However there is a useful reminder of the importance of making a will - the Dying Matters Coalition has recently published research showing that two out of three Britons have not made a will.
The research shows that only 36% of British adults state that they have made a will and 83% said that they are uncomfortable discussing their dying wishes.
If a person dies without making a will the 'intestacy rules' dictate how the estate is distributed. This can result in a complicated and expensive battle after death.
Remember that the will has to be signed and dated to be valid - writing a note indicating your wishes or only getting as far as a draft will does not suffice.
The law does not recognise 'common law' marriage so it is very important for those people who are not married or in a registered civil partnership to sign a will.
Unregulated will writers can pose a problem for the unwary because a will that is prepared by someone who is not properly qualified often means that the consumer is not properly protected if the will is drawn up incorrectly or is invalid.
Consumers who instruct a solicitor to make a will have the comfort of knowing that their family is protected in the event of error because all solicitors have to have compulsory insurance in place.
If you would like to discuss making a will contact us.