Misconceptions About Wills

By Dafé Disi

"I do not need a Will because I am not wealthy."

A Will is to ensure that your wishes are documented and those you care about are provided for as you want.  The danger of not having a Will is that everything you own could end up in the hands of those you do not want to recieve it as your assets will be distributed according to what is known as 'intestacy rules' which determine who will inherit yur estate.

"I have been living with my partner for a long time and therefore have a common law marriage."

Common law marriage does not exist in the UK, and unmarried partners do not have automatic entitlement to inherit from each other when one passes away. The only certain way to ensure that an unmarried partner can inherit, is if they are provided for as a beneficiary in a Will.

"I can just make my Will at home."

Wills made by individuals without any proper legal guidance can end up lacking the required legal terminology needed to be valid, and may not cover all the assets, potentially leading to issues later down the line. Also, homemade Wills could be witnessed incorrectly which making them invalid.

"Once I make a Will, I cannot change it."

This is incorrect. We encourage our clients to review their Wills every five years - especially after major life events such as marriage, divorce, or the birth of a child. Marriage revokes an existing Will and if you appoint your spouse as your exeutor and later divorce, that appointment is also revoked.  

Planning early helps prevent any future complications and ensures your loved ones are cared for according to your wishes.  If you would like to make a Will or review an existing one, please contact Wills & Probate Team on 01722 410664.

Dafé Disi