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Having a will is arguably one of the most important things you can do for yourself and your family. Without one you have no control over what will happen to your money, possessions and property after you die, often leading to stressful, and also costly, family disputes.

Preparing for the future is not a negative action. It is not just in times of crisis that we should think ahead, tomorrow is never promised, so it is important to think of family and make the process as stress free as possible for them, whenever that may be. This can be even more important if you have children or grandchildren, are recently divorced or separated, or have a partner but are not legally married. It’s also important to think about a Will if you own a property or your own business.

Remember that you can change your Will at any time (while you are still alive) and so it is vital you review and update your Will if circumstances change. It is suggested as best practice that you review your Will in any event every 3-5 years, so that it accurately reflects what you want to happen when you die.

If a person were to lose capacity (having developed dementia, for example) he or she may become unable to change his or her Will in the future. It is therefore important that people do not put off updating their Wills for any significant length of time.

Our top 5 reasons for having a Will and putting your wishes in black and white include:

1. You decide how your estate – your money, possessions and property – is distributed and to whom. If you do not have a Will in place, there are rules set by the government which determine who inherits (and these may not be the people you want to inherit!) Further, a surviving partner (if you are not married) has NO automatic entitlement in your estate. Instead, he or she must make a Court application within a strict time limit in order to be considered to inherit anything.
2. If you have children under 16, your Will allows you to state who you would like to raise them (and sometimes more importantly, who you do NOT want to raise them).
3. Inheritance Tax - with advice from a solicitor, your Will and associated planning can provide an opportunity to mitigate any exposure to Inheritance Tax on your death, as well as looking at care costs and asset protection for vulnerable beneficiaries.
4. If you die without a Will, then you do not have an Executor chosen by you to carry out your estate administration. Instead, someone will require to apply to the Courts to be appointed as your Executor, leading to greater delay and costs.
5. Without a Will, you are said to have died intestate, meaning that the probate process with the Courts will be longer, and administering your estate will be lengthy and more costly, causing avoidable stress and expense when it is least welcome.

We cannot look into the future. Everyone should have a Will (and Power of Attorney) in place, because tomorrow is never promised. Whereas a Will is for afer your death, a Power of Attorney is a document which takes effect during your lifetime, which enables people you know and trust to make decisions on your behalf if you ever become unable to make decisions yourself. If you do not have a Power of Attorney in place, then a friend or family member (or social worker or solicitor) would require to apply to the Court to be appointed as your Guardian, which is a much lengthier and complex process.

We are currently offering appointments for Wills and / or Powers of Attorney remotely via telephone or video link. We are also donating 10% of our fees from Wills and Powers of Attorney to the NHS Tayside Health Fund throughout the month of April to show our appreciation to our amazing NHS staff who are working endlessly during the coronavirus pandemic.