My head is spinning and I feel as if I’ve gone back in time studying for my law degree or bar exams.
I’ve read oodles of reports, articles and opinions, and am I any the wiser? Well yes, I am. What follows
are a few thoughts which I genuinely hope are helpful, but there is really one key message I would like
you to take away: if you have any of the responsibilities that life blesses and burdens us with, you must
make a will. Do you drive a car, or own a home? Are you or is it insured? Yes, I thought so. Just imagine
if you weren’t and you hit a child in your car or your house burned down, your life both emotionally
and financially would be in tatters. And yet more than two thirds of people in the UK don’t have a
will. Some of the reasons for this will follow but as will become clear, it is madness not to have one.
Moreover, if you do have one, does it still do the job it was intended to? If not, you need to update it
For the special feature that follows, in addition to a lot of
reading we also talked to a number of practising lawyers, the
Law Society and others to understand the subject better. We
were particularly grateful to Sintons who we met with on
several occasions and who guided us through the various life
stages and the need for making or updating a will and our
thoughts inspired by them are revealed in the following pages.
Everyone’s circumstances are different, and so making a will
should not be an impersonal experience but actually a very
personal one. It should be uplifting not depressing, it should
bring peace of mind and above all it will ensure, should the
worst happen, your wishes are followed. That really is worth
paying for. Put another way, the potential for chaos and upset
if you don’t make a will just isn’t worth it.
‘It should be uplifting not
depressing, it should bring peace
of mind and above all it will
ensure, should the worst happen,
your wishes are followed. That
really is worth paying for’
So why in an age of complicated relationships and an
increasingly litigious society do 60% of adults of sound
mind decline to make a will? Well, clearly if you have no
responsibilities; property, family, and so on, there may
be more pressing issues, but as the pages ahead show,
when responsibilities do come to you so it becomes your
responsibility to make a will, and a good one at that.
Yes, you can buy a will kit in a shop for under £10 or
do it yourself online, but there are real pitfalls to watch
out for. Lawyers’ charges will vary depending on the
complexity of the will, but that in itself will reflect your
own circumstances. Perhaps the expression ‘the last will and
testament’ puts us off, so maybe we should think of it this
way; ‘where there’s a will, there’s a way’. Even the old cliche
‘nothing is certain but death and taxes’ can be seen in a
more positive light by accepting the inevitable and allowing
it to spur you on to ensure that death does not result in an
unexpected tax bill. By making a will you are able to pass
on your property and assets on your death to whoever you
choose. Despite the use of some fairly historic terminology,
the process of creating a will is not overly complex – what is
key is to convey your own wishes, consider all your options
and then ensure it is legally valid (for example a beneficiary
or their spouse should not sign a will as a witness).
If you do not make a will or make an invalid one your
property and assets will be distributed in accordance with
the intestacy rules, which set out who is entitled to inherit
from your estate, and these unforgiving rules can lead to
especially unwelcome situations. The brutal fact is the
intestacy rules may not cater for your own wishes, and in some
circumstances may be very different to those wishes. Moreover,
if you have no relatives and no will the Crown is likely to take
your estate; now that is a complete disaster, surely?
In addition to making a will, the possibility of setting up a
trust, possibly for the benefit of your children, is something
that can be crucial to your wishes being carried out. A few
words from Hay & Kilner in the following pages offer some
valuable advice on this area.
Once we’ve made a will, many of us put it in a drawer and
forget about it (remembering to tell someone we trust
where it is!) However, the whole subject of making a will
has started me thinking about other key matters, from
inheritance tax to other forms of managing life’s finances in
a more positive and successful way. This is why we should
review our will at key stages in life, as suggested in the
following pages, or as circumstances change. If the changes
are only small a codicil can be made, which is then read in
conjunction with the will, or for larger changes, you can
revoke your will by destroying it or making another while
cancelling all previous ones.
What is clear is that making a will is rarely just a once in a
lifetime event, but for that reason alone it should not be put
off. Circumstances and relationships change, children are born,
people die (possibly one of your principal beneficiaries). The
process of probate and the implications of The Inheritance
(Provisions for the Family and Dependants) Act 1975 all add
to the potential worries for this stage of life. Having a solicitor
may be more expensive but professional advice at this time is
really valuable as mistakes made can be hugely costly. What
remains fundamental is that your will should represent your
wishes after you die, and if it does not you should change it.
‘Times have changed but the
importance of making a will has
not, so take my advice and make
one, and tell your children to
follow suit’
For further inspiration to update my own will, I think of my
own recently changed circumstances. My will, which I have
read many times recently, has to be updated or my wishes
and those of my wife will not be carried out. As part of my
legal training many moons ago, I undertook two sets of work
experience. They were dull, but I remember them as if they
were yesterday; the files addressing matters of probate when
wills had been disputed or not carried out properly. I can
still smell the dust on the ancient letters, and the cigarette
smoke wafting through the office door of the equally ancient
Senior Partner. Times have changed but the importance of
making a will has not, so take my advice and make one, and
tell your children (if they have responsibilities) to follow suit.
Then you can enjoy living, knowing that if the worst should
happen your wishes will be followed and that is worth the
time and cost alone.My head is spinning and I feel as if I’ve gone back in time studying for my law degree or bar exams.
I’ve read oodles of reports, articles and opinions, and am I any the wiser? Well yes, I am. What follows
are a few thoughts which I genuinely hope are helpful, but there is really one key message I would like
you to take away: if you have any of the responsibilities that life blesses and burdens us with, you must
make a will. Do you drive a car, or own a home? Are you or is it insured? Yes, I thought so. Just imagine
if you weren’t and you hit a child in your car or your house burned down, your life both emotionally
and financially would be in tatters. And yet more than two thirds of people in the UK don’t have a
will. Some of the reasons for this will follow but as will become clear, it is madness not to have one.
Moreover, if you do have one, does it still do the job it was intended to? If not, you need to update it
For the special feature that follows, in addition to a lot of
reading we also talked to a number of practising lawyers, the
Law Society and others to understand the subject better. We
were particularly grateful to Sintons who we met with on
several occasions and who guided us through the various life
stages and the need for making or updating a will and our
thoughts inspired by them are revealed in the following pages.
Everyone’s circumstances are different, and so making a will
should not be an impersonal experience but actually a very
personal one. It should be uplifting not depressing, it should
bring peace of mind and above all it will ensure, should the
worst happen, your wishes are followed. That really is worth
paying for. Put another way, the potential for chaos and upset
if you don’t make a will just isn’t worth it.
‘It should be uplifting not
depressing, it should bring peace
of mind and above all it will
ensure, should the worst happen,
your wishes are followed. That
really is worth paying for’
So why in an age of complicated relationships and an
increasingly litigious society do 60% of adults of sound
mind decline to make a will? Well, clearly if you have no
responsibilities; property, family, and so on, there may
be more pressing issues, but as the pages ahead show,
when responsibilities do come to you so it becomes your
responsibility to make a will, and a good one at that.
Yes, you can buy a will kit in a shop for under £10 or
do it yourself online, but there are real pitfalls to watch
out for. Lawyers’ charges will vary depending on the
complexity of the will, but that in itself will reflect your
own circumstances. Perhaps the expression ‘the last will and
testament’ puts us off, so maybe we should think of it this
way; ‘where there’s a will, there’s a way’. Even the old cliche
‘nothing is certain but death and taxes’ can be seen in a
more positive light by accepting the inevitable and allowing
it to spur you on to ensure that death does not result in an
unexpected tax bill. By making a will you are able to pass
on your property and assets on your death to whoever you
choose. Despite the use of some fairly historic terminology,
the process of creating a will is not overly complex – what is
key is to convey your own wishes, consider all your options
and then ensure it is legally valid (for example a beneficiary
or their spouse should not sign a will as a witness).
If you do not make a will or make an invalid one your
property and assets will be distributed in accordance with
the intestacy rules, which set out who is entitled to inherit
from your estate, and these unforgiving rules can lead to
especially unwelcome situations. The brutal fact is the
intestacy rules may not cater for your own wishes, and in some
circumstances may be very different to those wishes. Moreover,
if you have no relatives and no will the Crown is likely to take
your estate; now that is a complete disaster, surely?
In addition to making a will, the possibility of setting up a
trust, possibly for the benefit of your children, is something
that can be crucial to your wishes being carried out. A few
words from Hay & Kilner in the following pages offer some
valuable advice on this area.
Once we’ve made a will, many of us put it in a drawer and
forget about it (remembering to tell someone we trust
where it is!) However, the whole subject of making a will
has started me thinking about other key matters, from
inheritance tax to other forms of managing life’s finances in
a more positive and successful way. This is why we should
review our will at key stages in life, as suggested in the
following pages, or as circumstances change. If the changes
are only small a codicil can be made, which is then read in
conjunction with the will, or for larger changes, you can
revoke your will by destroying it or making another while
cancelling all previous ones.
What is clear is that making a will is rarely just a once in a
lifetime event, but for that reason alone it should not be put
off. Circumstances and relationships change, children are born,
people die (possibly one of your principal beneficiaries). The
process of probate and the implications of The Inheritance
(Provisions for the Family and Dependants) Act 1975 all add
to the potential worries for this stage of life. Having a solicitor
may be more expensive but professional advice at this time is
really valuable as mistakes made can be hugely costly. What
remains fundamental is that your will should represent your
wishes after you die, and if it does not you should change it.
‘Times have changed but the
importance of making a will has
not, so take my advice and make
one, and tell your children to
follow suit’
For further inspiration to update my own will, I think of my
own recently changed circumstances. My will, which I have
read many times recently, has to be updated or my wishes
and those of my wife will not be carried out. As part of my
legal training many moons ago, I undertook two sets of work
experience. They were dull, but I remember them as if they
were yesterday; the files addressing matters of probate when
wills had been disputed or not carried out properly. I can
still smell the dust on the ancient letters, and the cigarette
smoke wafting through the office door of the equally ancient
Senior Partner. Times have changed but the importance of
making a will has not, so take my advice and make one, and
tell your children (if they have responsibilities) to follow suit.
Then you can enjoy living, knowing that if the worst should
happen your wishes will be followed and that is worth the
time and cost alone.
Thanks to Living North Magazine and Sintons LLP (Certainty members) for permission
My head is spinning and I feel as if I’ve gone back in time studying for my law degree or bar exams. I’ve read oodles of reports, articles and opinions, and am I any the wiser? Well yes, I am. What follows are a few thoughts which I genuinely hope are helpful, but there is really one key message I would like you to take away: if you have any of the responsibilities that life blesses and burdens us with, you must make a will. Do you drive a car, or own a home? Are you or is it insured? Yes, I thought so. Just imagine if you weren’t and you hit a child in your car or your house burned down, your life both emotionally and financially would be in tatters. And yet more than two thirds of people in the UK don’t have a will. Some of the reasons for this will follow but as will become clear, it is madness not to have one. Moreover, if you do have one, does it still do the job it was intended to? If not, you need to update it
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