What happens when you don’t have a will

By Lancashire Business View

27 Jul 2018

By Ismail Foolat, family & employment/HR solicitor, Curtis Law

We all understand the need and importance of ensuring there is a valid will in place.

However, the charity Will Aid says that an alarming number of people, 53 per cent according to their last survey of people across the UK, do not actually have a will in place.

Lack of a will can result in various problems once a person dies and can - and does - end up in litigation, often costing thousands of pounds.

What then are the main reasons for ensuring you have a valid will in place?

Should you die without a will you have died intestate. In this scenario all your belongings will be distributed according the Intestacy Rules, being an order laid down by law. Very often this may not reflect how you would have wanted your assets to be distributed.

On occasions this may mean some of your assets pass to estranged family members or former spouses, often cutting out your current partners. Aside from this not being your desire it can also leave family members you would have given your belongings to upset and possibly facing a legal battle.

Finally, making sure you have a valid and well-drafted will is just as important. The last thing anyone would want is to go to the effort of preparing a will and then finding out it may not be relied upon since it was not drafted or executed properly. Getting professional help will ensure your will reflects your wishes exactly as you want them.

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