In any consideration of family arrangements, it is essential to consider what the situation would be after the death of one or more parents. Making a Will can give you the peace of mind of knowing that you have made arrangements for any dependents, including your spouse and children, after your death.

Beneficiaries

You can decide who inherits your estate upon your death. If you do not leave a Will, then your property will be left to your closest relatives according to the intestacy rules. If you are married or in a civil partnership and you are in the process of getting divorced or applying for dissolution, this generally means that your husband/wife/civil partner would be left your entire estate.

If you are cohabiting then your partner will not be left your estate under the intestacy rules.

Executors

You can choose your executors. These are the people responsible for administering your estate in accordance with your wishes. If there is no Will, then executors will be appointed according to the intestacy rules and this will usually mean that your husband/wife/civil partner will be the person appointed.

Guardians

If you have children, you can appoint guardians for them in your Will. These are the people who will take care of your children should both parents die before the children reach the age of 18. Please note that godparents do not automatically become guardians on your death.

Tax planning

You may be surprised to learn that your estate could be affected by inheritance tax. It may be possible to incorporate some tax saving devices in your Will.

If you are in the process of going through a divorce, or dissolution, it is advisable to have a Will, or update your Will, to protect your children and other members of your family, or your new partner if you are cohabiting.

It is important that everyone makes a Will because if they do not, there will be no way of ensuring that the people they want to benefit from their Estate do so upon their death. If you die without leaving a Will or any living family, your estate could go to the Crown.

For further information, please contact Nigel Roots, head of the private client team.