top of page
Search

Why Do I Need a Will? 7 Reasons to Put One in Place

  • Chadwick Noble Wills & Estate Planning
  • 2 days ago
  • 5 min read

What a Will Actually Does


A will is a legal document that sets out what should happen to your money, property and possessions (your “estate”) after you die. It lets you choose who inherits what, rather than leaving those decisions to the standard rules set by the law.


Your will also allows you to name people you trust (your executors) to deal with your estate, handle the paperwork and carry out your wishes. When drafted and signed correctly, a will becomes a legally valid document that gives clear instructions to your executors and the probate service.


What Happens If You Die Without a Will?


If you die without a valid will, you are said to die “intestate”, and the law decides who gets what from your estate. This set of rules is known as the rules of intestacy, and it follows a fixed order of relatives, rather than what you might personally have wanted.


In practice, this can mean that unmarried partners, stepchildren, friends or charities you care about receive nothing at all. It can also lead to delays, extra stress for your family and, in some cases, disputes over who should inherit.



A will being signed on a wooden desk by a person's hand with a pen.


Reason 1: Making Sure the Right People Inherit


A will lets you decide exactly who should benefit from your estate and in what shares. You can name family members, friends or charities, and you can also leave specific items or sums of money to particular people.


Without a will, the intestacy rules may pass everything to a spouse or certain blood relatives, even if your personal relationships are more complex. This is especially important for unmarried couples, blended families, or anyone wanting to provide for someone outside their immediate family.

Reason 2: Protecting Unmarried Partners and Blended Families


In England and Wales, the rules of intestacy do not automatically recognise cohabiting partners, no matter how long you have been together. If you die without a will, your partner may have to make a legal claim against your estate, which can be costly, time consuming and stressful.


For blended families, a clear will helps balance the needs of a current partner with those of children from previous relationships. It can also reduce the risk of disputes between family members, because your wishes have been set out in advance in a formal document.

Reason 3: Choosing Guardians for Your Children


If you have children under 18, your will is the place where you can formally record who you would like to act as their guardian if both parents die. This gives you the opportunity to choose people whose values, parenting style and practical circumstances align with what you want for your children.


Without a will, the court may need to decide who should take on that role, and the outcome may not be what you would have chosen yourself. Including guardianship provisions in your will can therefore provide both clarity and peace of mind for you and your family.

Reason 4: Appointing Trusted Executors


Your will allows you to choose one or more executors, the people who will handle your estate, deal with banks and other organisations, and ensure your wishes are followed. Many people choose close family members, trusted friends, or professional advisers to take on this role.


Naming executors in your will makes it clear who has authority to act, which helps avoid confusion and delays at an already difficult time. It also allows you to choose people who are capable and willing to manage the practical and administrative work involved.

Reason 5: Reducing Stress, Disputes and Delays


A properly drafted will can significantly reduce the likelihood of disagreements within the family over “who gets what”. Clear instructions, supported by a legally valid document, leave less room for misunderstanding or differing expectations.


Where there is no will, or where a will is poorly drafted, disputes over inheritance are becoming more common and can be costly and emotionally draining. Putting a well structured will in place is a relatively inexpensive way to reduce these risks and protect relationships.

Reason 6: Planning for Tax and Complex Estates


For many people, a will is also a key part of wider estate planning, including managing potential inheritance tax liabilities. It can be used to structure how assets pass to different beneficiaries, sometimes in stages or through trusts, to reflect your financial and family circumstances.


Even where your estate is not especially large, a will allows you to give more detailed instructions about specific assets, business interests or property. Taking advice when writing your will can help you understand your options and ensure the document reflects both your wishes and the current legal position.

Reason 7: Supporting Causes and Charities You Care About


If you wish to leave gifts to charities, community organisations or faith groups, this needs to be done through a will. Many charities rely on legacies and have information on their websites about how to include them as beneficiaries in your will.


These gifts can be as small or as significant as you choose, and in some cases they can also have inheritance tax advantages for your estate. Without a will, there is no automatic way for your chosen causes to benefit from your estate under the intestacy rules.

Taking the time to create a will is a practical step that safeguards your family, your assets, and your legacy. It gives you control over what happens when you are no longer here and helps avoid unnecessary complications for those you care about most. If you haven’t made a will yet, consider starting the process today. Consulting a professional can help tailor your will to your unique situation and ensure it meets all legal requirements.


Why a Will and a Lasting Power of Attorney Work Together


A will only takes effect after you die, whereas a Lasting Power of Attorney (LPA) is designed to help manage your affairs during your lifetime if you lose mental capacity. In an LPA, you appoint attorneys to make decisions on your behalf, such as managing your finances or making health and welfare decisions if you are no longer able to.


Because they cover different situations, many people choose to put both a will and LPAs in place as part of a package. Having both documents can provide continuity and reassurance: your affairs are covered during your lifetime, and your wishes are clear for what happens afterwards.

Making Sure Your Will Is Legally Valid


For a will to be valid in England and Wales, you must be over 18, make it voluntarily, be of sound mind and have the will in writing. You must sign the will in the presence of two independent witnesses, who must also sign it in your presence; they should be over 18 and should not be beneficiaries of the will or married to a beneficiary.


If these formalities are not followed, the will may be challenged or found to be invalid, which could leave your estate falling back on the intestacy rules. Using a reputable, specialist will writing service can help ensure that your will is properly drafted, correctly signed and safely stored.

Why Use a Professional Will Writer?


Although it is possible to write your own will, professional guidance can help you avoid common mistakes and ensure the document does what you intend. This is particularly important if you have a blended family, own a business, have property overseas or want to include more detailed provisions.


Recognised professional bodies, such as the Institute of Professional Willwriters, set standards for training, ethics and ongoing professional development for their members. Choosing a will writer who belongs to such an organisation can provide extra reassurance that you are receiving a competent service.

When Should You Review or Update Your Will?


Once a will is in place, it is sensible to review it whenever there is a major change in your life, such as marriage, divorce, the birth of children or grandchildren, or significant changes in your finances. You may also want to review your will if the law changes or if the people you originally appointed as executors or guardians are no longer the right choice. Taking advice before making changes helps ensure that your updated instructions remain clear, valid, and consistent with your wider estate planning.

 
 
 

Comments


Commenting on this post isn't available anymore. Contact the site owner for more info.

On behalf of APS Legal & Associates Ltd, Head office: Worksop Turbine Innovation Centre, Shireoaks

Triangle Business Park, Coach Close, Worksop, Nottinghamshire, S81 8AP

APS Legal & Associates is a member of the Institute of Professional Willwriters

APS Legal & Associates complies with the Trading Standards Institute Approved IPW Code of Practice

bottom of page