Why Should I Make A Will?
Posted on April 13, 2011 by admin
Everybody over 18 should make a Will. A Will is a legal document in which you state what you would like to happen to your estate. Your Will is an invaluable opportunity for you to clearly let your intentions be known relating to such things as: -
Who you wish to receive what from your personal items, money, investments and property.Funeral arrangements.
Without a Will, you lose entirely your right to determine the above.
If you die without making a Will, the consequences are as follows: -
Estate/money (due date is six months after the end of the month in which the death occurred and interest is charged on late payments). This may leave them in significant hardship – even debt.The most alarming case of Intestacy is the married person with children and an estate worth, say, £725,000. If such a person left their entire estate to their spouse in their Will, it would go to their spouse and no Inheritance Tax would be due.
Without a Will, the spouse would get £250,000 plus a life interest in £237,500, the children would get £237,500, and from the spouse and children’s share the Taxman would get £18,000.
To enable the estate to be split in this way, the family home would probably have to be sold. There are absolutely no benefits at all to not having a Will, and there are numerous disadvantages.
1. Your next of kin sometimes won’t know if you have made a Will or not, and will spend time searching for one.
2. When they don’t find your Will, they’ll then have to apply to the courts for the power to deal with your estate (assuming it’s worth more than £5,000). This takes a lot longer than the simple process of ‘Applying for Probate’ – which is what happens when you have written a Will.
3. In the meanwhile, they’ll have to pay your funeral expenses and (in almost all cases, due to the significant extra delay) pay any Inheritance tax due before they’ve gained access to your
4. If you have any children and haven’t appointed Guardians for them (and their mother isn’t alive), your next of kin will have to sort that out as well – again by going through the courts (which can be a costly and time-consuming process).
5. When they finally have access to all of your Estate, it is distributed according to the Laws of Intestacy which in most cases will not be what you want – and any special gifts you wanted to make will be ignored.
Who you wish to act as guardian of your children
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