The power of having a professionally written Will in place before you die cannot be over emphasised. Current figures provided by the Law Commission estimate that in the United Kingdom 40% or more of the adult population does not have a Will.

Where there is no Will, or a Will is found to be invalid for various reasons, the law of Intestacy applies. The rules are set out so that family members benefit from the deceased person’s estate under a set list of priority. Ultimately, should there be no family to benefit then the hard earned funds of a person may filter down to the Government. These rules are set out for a reason, but if they bite unfortunately they cannot replace the expression of a person’s own wishes.

The way to avoid this scenario is to give some thought to who you wish to benefit from your Estate after you have gone. People may wish to either benefit family members, friends, charities of their choice or even pets!

Unfortunately, in the more contentious climate that we now find ourselves, claims made against the Estate of a dearly departed family member are sadly becoming more common. In order to have standing to make a claim, the family member claiming has to satisfy certain statutory tests. Once standing has been confirmed then this type of litigation can be ongoing for a number of years, divide families even further, become very expensive and will undoubtedly be a cause of upset for all involved.

By making a Will with a qualified legal advisor, steps can be taken to mitigate against such litigation. A word of caution; although these steps may help protect the final wishes of the deceased person, they ultimately may not be able to prevent a successful claim from being made.

Overall, the message cannot be simpler – give some thought to making a Will. If your wishes aren’t recorded in the correct form then you will have lost an opportunity to make a difference to a loved ones life, a charity close to your heart or even to Lightening, your beloved pet tortoise.

Please contact a member of the Kiteleys Solicitors Private Client team who will be happy to discuss your requirements.