Why Making a Will Is Necessary
If you do not make a Will, the law will determine who inherits your assets according to strict intestacy rules. These rules do not recognise unmarried partners, step-children, or any specific wishes you may have regarding your children, pets, or property. By creating a valid Will, you can take control and ensure your wishes are followed.
Reasons to Make a Will
-
Decide who inherits your assets
A Will allows you to specify who will receive your property, savings, shares, and personal possessions after your death. Without one, these decisions will be made according to the law, which may not align with your intentions.
-
Appoint guardians for children under 18
If you have young children, a Will enables you to appoint guardians who will care for them. This avoids potential family disputes and ensures you have a say in who raises your children.
-
Provide financial security for your children
You can use your Will to set up trusts or allocate funds to support your children until they reach adulthood, ensuring they are financially secure.
-
Plan for the care of your pets
Your Will can include provisions for the care of your pets and you can designate someone you trust to look after them.
-
Protect unmarried partners
The law does not provide for long-term unmarried partners. Without a Will, your partner could be left with nothing, making it vital to account for them in your estate planning.
-
Manage taxes and assets
Properly drafted Wills can help minimise inheritance tax and ensure your family is not burdened with unnecessary financial complications after your death.
-
Leave money to charities or causes
If you wish to support specific charities or causes, a Will allows you to leave donations as part of your legacy.
-
Specify funeral wishes
You can outline your preferences for your funeral and what happens to your body, giving your loved ones clarity during a difficult time.
The Risks of Not Making a Will
Without a valid Will, your loved ones may face uncertainty, disputes, and financial difficulties. Protect your family and ensure your wishes are respected by creating a Will that reflects your intentions.
Frequently Asked Questions About Making a Will
It’s advisable to make a Will as soon as you own property, have savings, or start a family. Major life events — such as getting married, having children, or purchasing property — are ideal times to create or update your Will. Discover how to update your Will after significant life changes here.
If you die without a Will, your estate will be distributed according to intestacy rules. This means the law, not you, decides who inherits your assets, potentially excluding people you care about.
While it’s possible to create a Will yourself, using a solicitor ensures it is legally valid and accurately reflects your wishes. A solicitor can also help minimise inheritance tax and address complex family or financial situations.
You should review your Will every few years or after significant life events, such as marriage, divorce, or the birth of a child. Read our article to learn more about the importance of updating your Will.
Making a Will starts with assessing your assets and deciding how you want them distributed. At Burt Brill & Cardens, our solicitors can guide you through the process, ensuring your wishes are respected. Contact us to get started.
David Edwards
David Edwards is Managing Director and Head of the Private Client team at Burt Brill & Cardens. He advises on a wide range of private client matters, drawing on decades of experience. David has been a Director of the firm since 1986 and is a member of the Society of Trust and Estate Practitioners (STEP) and a Member of the Association of European Attorneys. He is also a past President of the Sussex Law Society.
Read More About DavidAn outstanding, efficient, personable and friendly service provided in documenting wills and Power of Attorney documents. The expertise of the solicitor was exceptional as was her patience in guiding us through the process and advising us on all aspects of the legal documents.
Making a Will Solicitor
Updating a Will
Life changes — and when it does, your Will needs to change with it. A Will that was perfectly valid ten years ago may no longer reflect your current wishes, family situation, or financial position. Keeping your Will up to date is just as important as making one in the… Learn MoreExpat Wills
Living abroad brings exciting opportunities — but it also makes estate planning more complicated. Inheritance and tax laws differ from country to country, so if you’re a British expat, it’s vital that your Will is up-to-date and legally valid in the right jurisdictions. As an Expat, numerous issues complicate the… Learn MoreWills for Overseas Assets
If you own overseas assets, it is essential that your Will properly covers them. Different countries have their own inheritance laws and tax rules, which can override your wishes if your estate is not structured correctly. Whether you have a holiday home, foreign bank accounts, or investments abroad, creating a… Learn MoreMaking a Will When Terminally Ill
Making a Will is extremely important for a number of reasons; chief among them is providing for your loved ones after you have gone. We believe that this process should be simple, as it can already be emotional and stressful to make a Will. Learn MoreWills and Marriage
Marriage is a major life event — but it also has important legal consequences for your Will. If you are getting married, already married, cohabiting, or going through a separation, it is essential to understand how Wills and marriage interact. In some cases, your Will may no longer be valid… Learn MoreDigital Assets
Have you considered what will happen to your digital assets on your death? All those e-mails you have sent and received as well as important and sentimental information and precious photographs stored on social networks and in cloud storage. Not all digital assets can be inherited and your precious data… Learn MoreOver 130 Years Advising Sussex Businesses, Individuals and Families
For more than a century, Burt Brill & Cardens has advised individuals, businesses and families across Brighton and Sussex in estate planning, probate administration and property matters. Clients deal directly with one of our expert solicitors who offer clear advice, intellectual rigour and genuine personal accessibility
Get in touch
Speak to one of our solicitors today. We would love to hear from you and discuss any legal issues you may have and how we can assist you.
