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WHY MAKE A WILL 

If you die without a valid will you have died "Intestate". If you let this happen then the "Law of Intestacy" sets out who will deal with any of your affairs and who will inherit any finance, property or possessions you owned. Under these Laws the person who would deal with your estate is your closest living relative in the following order

 

                   Flowchart showing the order in which the Law choses your executor

 

This however causes problems when you have several relatives that all have an equal right i.e. your brothers and sisters but they cant decide between themselves who should be in charge. In cases like this, the dispute would have to be resolved by a probate court and this in turn would most probably mean the introduction of a solicitor to resolve the dispute These expenses could either come out of your estate if the court agrees or out of your relatives pockets. Either way these costs can be huge and can take a lot of time to resolve.

The distribution of your estate if you die "Intestate" will again be dealt with by these Laws. All assets would be collected and then Inheritance tax and any outstanding debts i.e. Mortgages, loans etc will be paid out of this and the remainder distributed in the following ways.

               Diagram showing the outcomes of the law of intestacy

 

A Will is the only way to make sure that the people you want (or don't want) to inherit your estate do so correctly and without the legal implications that could cause argument and distress between your loved ones. As well as these fundamental issues that could arise it can also:

  • help reduce or completely remove any liabilities that might be incurred by inheritance tax by careful planning
  • state your wishes for your funeral
  • attach conditions to any of your possessions that you leave behind
  • Appoint guardians for any of your children who are still minors

For a free phone consultation ring Pro Will Services straight away to discuss how we can help.