Why You Absolutely Need a Will: A Clear and Simple Guide

Diverse generations of a family on swings, symbolising the importance of family legacy planning with will advice in Swindon


Hello! Today we’re tackling an essential topic that’s often overlooked: the importance of making a will. Regardless of your age or wealth, having a will is a critical aspect of financial planning. Let’s explore why it’s crucial and what you should know.

Section 1: What Happens If You Don’t Have a Will?

What if you pass away without a will? In the UK, dying without a will (known as ‘dying intestate’) means the government decides how your assets are distributed, which may not align with your wishes. Here’s a quick breakdown:

  • Married or in a civil partnership? Your spouse might not automatically inherit everything.
  • Children? They’ll receive a portion, but it might not be what you had in mind.
  • Unmarried partners and friends? They’re unfortunately left out under intestacy rules.
  • No immediate family? Your assets could end up with distant relatives you may not know.

In short, without a will, your personal preferences aren’t considered, and the distribution is governed by standard legal rules. You can see what happens if you die without a will HERE

Section 2: The Benefits of Having a Will

Creating a will brings numerous advantages:

  • Peace of Mind: Knowing your wishes are documented can be reassuring.
  • Family Harmony: A will can help prevent disputes among your loved ones.
  • Protection for Partners: Ensure that your unmarried partner is provided for.
  • Guardianship for Children: Decide who will care for your children if needed.
  • Asset Distribution: Clearly specify who gets what, from property to personal items.
  • Charitable Donations: Opportunity to leave a part of your estate to charity.
  • Tax Planning: A will can help in planning for inheritance tax implications.
  • Legal Clarity: A well-drafted will simplifies the legal process for your heirs.

Section 3: Writing a Will – What to Consider

When writing a will, it’s about more than just who inherits your possessions. Consider appointing an executor, deciding guardians for minor children, and precisely outlining how you want your estate to be managed. Include all elements you feel strongly about to ensure your wishes are fulfilled.

Section 4: Common Misconceptions About Wills

It’s a common myth that wills are only for the elderly or the wealthy. In reality, a will is essential for anyone who wishes to have a say in the distribution of their assets, regardless of their age or the size of their estate.

Section 5: Creating a Will in the UK

Creating a will in the UK involves writing down your wishes, signing the document in front of witnesses, and ensuring it meets legal standards. While it’s possible to do this yourself, seeking legal advice is recommended to ensure everything is in order. The government confirm what you need to do to make your will legal HERE.

Section 6: When to Update Your Will

Life events such as marriage, the birth of a child, or purchasing a home are key times to review and update your will. Keeping it current ensures it always reflects your current circumstances and wishes.


Creating a will is a straightforward yet vital step in managing your financial affairs. It ensures that your assets are distributed according to your wishes and provides peace of mind for both you and your loved ones.

If you’re ready to create or update your will, we’re here to help. Our team, based at our head office in Swindon, will offer guidance on estate planning and will drafting. Contact us to ensure your wishes are accurately documented and respected or book a call back.

FAQ Section

Can I Include My Digital Assets in My Will? Yes, it’s increasingly important to consider digital assets like social media accounts, online bank accounts, and even cryptocurrency in your will. You should provide clear instructions on how these should be handled, including access details, while ensuring compliance with privacy laws and platform policies.

What Happens to My Debts When I Die? Your debts are typically paid out of your estate before any assets are distributed to your beneficiaries. If your estate doesn’t cover your debts, they might not necessarily pass on to your family, but this can depend on the type of debt and your circumstances.

Do I Need a Solicitor to Make a Will? While it’s possible to create a will on your own, involving a solicitor or a professional will writer can ensure that your will is legally sound and covers all necessary aspects. They can provide valuable advice, particularly if your situation is complex.

How Do I Choose an Executor for My Will? Choose someone you trust, who is responsible and capable of handling the legal and financial responsibilities. This could be a family member, a close friend, or a professional like a solicitor. Make sure they are willing to take on this role.

Can I Leave Instructions for My Funeral in My Will? Absolutely, you can include your preferences for your funeral arrangements in your will. This can cover aspects like burial or cremation, religious ceremonies, and any specific wishes you have for the service.

What’s the Difference Between a Will and a Living Will? A living will, also known as an advance directive, is a document that sets out your wishes for medical treatment if you become unable to communicate them in the future. It’s different from a standard will, which deals with the distribution of your assets after your death.

Is it expensive to make a will? Costs can vary, but it’s an important investment for your peace of mind.

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