Why You Need a Will and How to Get It Right

Despite its importance, writing a Will is something many people put off. It is not always easy to think about the future in this way, but making a Will is one of the most responsible steps you can take to protect your loved ones and ensure your wishes are respected.

At Franklins Solicitors, we understand the impact a well-drafted Will can have, and more importantly, the problems that can arise when one is not in place.

When someone dies without a valid Will, their estate is distributed under the rules of intestacy. These rules are rigid, impersonal and often do not reflect modern family arrangements. For example, unmarried partners and stepchildren have no automatic right to inherit under intestacy, regardless of the nature or length of the relationship.

This can lead to distress, disputes and delays for those left behind, particularly if there are family members who believed they would inherit, or if there are disagreements over funeral wishes and financial arrangements.

In England and Wales, if you die without a Will and your estate is worth more than £322,000, your spouse or civil partner will inherit the first £322,000, plus half of the remaining estate. The other half is divided between your children. If your estate is worth less than £322,000, your spouse inherits everything and your children receive nothing.

Unmarried partners receive nothing under intestacy, regardless of how long the relationship lasted. This means your partner could face significant financial hardship or even lose the family home.

Without a Will:

A Will allows you to decide exactly who benefits from your estate and what they receive. You can leave specific items to particular people, make cash gifts, or divide your estate in percentages.

If you are not married or in a civil partnership, your partner has no automatic right to inherit anything from your estate, even if you have been together for decades or have children together. Only a Will can protect them.

If you have children under 18, a Will lets you choose who will look after them if both parents die. Without a Will, the court will decide, and this may not be the person you would have chosen.

Proper planning through your Will can help reduce the amount of Inheritance Tax your estate pays. This might include making use of tax reliefs, setting up trusts, or leaving gifts to charity.

You can use your Will to ensure your partner or children can continue living in the family home. This might involve leaving them the property outright, giving them a life interest, or setting up a trust.

If you have a child or relative with a disability or who cannot manage money, you can set up a trust in your Will to provide for them without affecting their entitlement to means-tested benefits.

A Will allows you to leave gifts to charities or causes that matter to you. Gifts to charity can also reduce the Inheritance Tax payable on your estate.

Executors are responsible for administering your estate, paying debts and distributing assets. Your Will allows you to choose people you trust to carry out these important duties.

A clear, professionally drafted Will reduces the risk of arguments between family members. It sets out your wishes in legally binding terms, leaving little room for misunderstanding or challenge.

While not legally binding, your Will is an appropriate place to record preferences about your funeral arrangements, whether you wish to be buried or cremated, and any specific requests.

You should review your Will every three to five years, or whenever your circumstances change significantly. Key life events that should prompt a review include:

Making a Will involves several important steps:

Calculate your total assets, including property, savings, investments, pensions and personal possessions. Deduct any debts such as mortgages, loans and credit cards to understand your net estate.

Consider who you want to inherit and what you want them to receive. Think about contingency plans if a beneficiary dies before you.

Select trustworthy people who are capable of handling the responsibilities. Many people choose two Executors to share the workload. You can appoint professional Executors such as solicitors for complex estates.

Think about whether your estate will be liable for Inheritance Tax and whether there are steps you can take to reduce this through your Will.

Have your Will professionally drafted to ensure it is legally valid and clearly expresses your wishes. Errors in wording or structure can invalidate a Will or create ambiguity.

In England and Wales, your Will must be signed by you in the presence of two independent witnesses, who must also sign in your presence. Witnesses cannot be beneficiaries or married to beneficiaries.

Keep your Will in a secure location and ensure your Executors know where to find it. Many people store Wills with their solicitor or with the Probate Service for safekeeping.

In an age of online templates and DIY Will kits, it is tempting to take a shortcut. But a poorly drafted Will can cause more harm than good. Errors in wording, execution or even witnessing can render it invalid or open the door to costly and emotionally charged disputes.

Common problems with DIY Wills include:

Our experienced Wills and Probate team can help you avoid these risks. We ensure your Will is legally sound, clearly expressed and tailored to your personal circumstances, including any tax planning considerations, business succession issues or vulnerable beneficiaries.

The cost of making a Will varies depending on the complexity of your estate and your personal circumstances. For a straightforward Will, you might expect to pay between £150 and £300 per person. More complex Wills involving trusts, business assets or tax planning may cost £500 or more.

While this might seem expensive compared to a DIY Will kit, the cost of getting it wrong can be far greater. An invalid or poorly drafted Will can result in expensive legal disputes, unintended tax liabilities or your estate being distributed in ways you never intended.

Making a Will is one of the simplest and most important things you can do to protect your family’s future. At Franklins, we make the process straightforward, respectful and secure.

Whether you are making a Will for the first time or updating an existing one, we provide clear, practical advice every step of the way.

To arrange a consultation with our private client team at our Northampton or Milton Keynes office, contact us today.