Why Everyone Should Have a Will

Why Everyone Should Have a Will (And Why So Many People Put It Off)

Most people know they should have a Will.

In fact, if you ask around, you’ll find that many people have been meaning to make one for years. Some simply haven’t got around to it. Others assume they are too young to need one, or believe they don’t have enough money or assets for it to matter. Some feel uncomfortable thinking about the future and would rather put the decision off for another day.

The truth is that making a Will is not really about preparing for death. It is about protecting the people you care about and making important decisions while you still have the opportunity to do so.

At Edward Harte Solicitors, we regularly speak to people who are surprised by how much a Will can cover. Whilst many assume a Will is simply a document that decides who receives their money and possessions, it can also help protect children, reduce uncertainty for loved ones and ensure that your wishes are followed when you are no longer able to express them yourself.

Just as importantly, making a Will is not always a one-time task. Life changes, families change and circumstances change. A Will should often evolve alongside them.

Why do people delay making a Will?

One of the most common reasons people put off making a Will is because they believe there is no immediate need.

A young parent may assume they will deal with it when the children are older. A couple buying their first home may feel they have plenty of time. Someone who has recently retired may think their affairs are straightforward and that their family already know what they want.

Unfortunately, life does not always give us the opportunity to choose the right moment.

Illness, accidents and unexpected events can happen at any stage of life. While none of us like to dwell on those possibilities, having a Will in place can provide reassurance that important decisions have already been made and that loved ones are not left trying to guess what you would have wanted.

In many ways, a Will is one of the simplest ways to take control of your future planning.

What happens if you don’t have a Will?

If somebody dies without a valid Will, there are legal rules that determine who inherits their estate. Those rules exist for a reason, but they are not designed around individual families or personal circumstances.

The law cannot know who you were closest to. It cannot know promises you may have made, conversations you may have had or plans you hoped to put in place.

This can come as a surprise to many people, particularly those who are in long-term relationships but are not married or in a civil partnership. It is common for couples to share a home, raise children together and build a life over many years, yet still assume that everything will automatically pass to the surviving partner. The reality can be far more complicated.

Similarly, parents often assume that because their wishes are obvious to them, they will also be obvious to everyone else. Unfortunately, that is not always the case.

A Will allows you to make those decisions yourself rather than leaving them to be determined by legal rules or assumptions.

For many parents, the most important part of a Will isn’t money

When people think about Wills, they often focus on inheritance. In reality, one of the most significant aspects of a Will for many families has nothing to do with money at all.

It is the opportunity to record who you would wish to care for your children if you were no longer here to do so.

No parent likes to think about that possibility. However, it is often one of the strongest reasons for putting a Will in place.

Parents may have very clear views about who they trust to raise their children, where they would like them to live, what sort of stability they would want them to have and who would be best placed to support them emotionally through a difficult time. Without those wishes being formally recorded, loved ones may be left trying to make those decisions without guidance.

That does not necessarily mean there will be disagreements, but uncertainty can create additional stress at an already emotional time.

A Will can also help address financial provision for children. For example, parents may wish to ensure that money is managed responsibly on a child’s behalf until they reach a suitable age. Some may feel comfortable with a young adult receiving an inheritance at eighteen, while others may prefer arrangements that provide greater protection and flexibility.

These are deeply personal decisions, but a Will allows you to make them yourself rather than leaving them to chance.

Why reviewing your Will can be just as important as making one

Another common misconception is that once a Will has been signed, the matter is settled forever.

In reality, some of the most important conversations happen years after a Will is first created.

Consider someone who prepares a Will in their thirties. At the time, they may be married with young children, own a single property and have chosen close friends or family members to take on important responsibilities. Fast forward ten or fifteen years and life may look completely different. The children may have grown up, the marriage may have ended, there may be a new partner, different assets and entirely different priorities.

Yet many people never revisit the document.

Marriage, divorce and separation are particularly important moments to review a Will. It is surprisingly common for people to assume that because their personal circumstances have changed, their Will automatically reflects those changes too. Unfortunately, that is not always the case.

Equally, significant events such as buying a new property, receiving an inheritance, starting a business or welcoming grandchildren into the family may all justify taking another look at your arrangements.

A Will should be viewed as a living document that reflects your current wishes, not simply a document created to deal with a situation that no longer exists.

Planning ahead isn’t only about what happens after death

Many people are surprised to learn that a Will is only one part of future planning.

While a Will deals with what happens after death, it does not help if you are alive but unable to make decisions for yourself.

This is where Lasting Powers of Attorney, often referred to as LPAs, become important.

An LPA allows you to appoint trusted individuals to make decisions on your behalf if you become unable to do so yourself due to illness, injury or loss of mental capacity. Without one in place, those closest to you may not automatically have the authority to deal with matters on your behalf, even if they are your spouse, partner or adult children.

Many people spend time planning what should happen to their estate but never consider who would help manage their affairs during their lifetime if they needed support. Looking at Wills and LPAs together often provides a more complete approach to planning for the future.

Could a trust be appropriate?

Trusts are another area that many people have heard of but do not fully understand.

They are not necessary in every situation, but they can be extremely helpful in certain circumstances.

For example, parents may wish to ensure that money intended for children is protected until they are older. Families with more complex circumstances may want to consider how assets can be managed or preserved for future generations. Others may simply wish to create a structure that provides greater flexibility and protection than an outright gift.

There is no one-size-fits-all approach. The right solution will depend on your family, your assets and your long-term objectives. However, trusts can form an important part of wider estate planning and are often worth discussing when reviewing a Will.

A small amount of planning can make a significant difference

Many people delay making a Will because it feels like something that can wait until next year, after the next holiday, after the next house move or after life becomes a little less busy.

The reality is that no stage of life comes with guarantees.

Having an up-to-date Will is about much more than deciding who inherits your possessions. It is about providing clarity, reducing uncertainty and protecting the people who matter most to you.

For parents, it can provide reassurance that children will be cared for by the people they trust. For couples, it can help ensure that wishes are properly recorded. For families more generally, it can remove uncertainty at a time when loved ones are already dealing with loss.

The decisions may not always be easy to think about, but taking the time to make them now can make an enormous difference in the future.

How Edward Harte Solicitors Can Help

At Edward Harte Solicitors, we understand that every family is different and that future planning is rarely a one-size-fits-all exercise.

Whether you are making your first Will, reviewing an existing Will following a change in circumstances, considering a Lasting Power of Attorney or exploring whether a trust may be suitable for your family, our experienced team can provide clear, practical advice tailored to your situation.

If you would like to discuss your options, please contact our Wills, Trusts and Probate team on 01273 662 750.

Frequently Asked Questions

How often should I review my Will?

It is sensible to review your Will whenever there is a significant change in your personal, family or financial circumstances. Even where nothing major has changed, a periodic review can help ensure it still reflects your wishes.

What happens if I get married after making a Will?

Marriage can have an impact on existing arrangements. If you marry, enter a civil partnership, divorce or separate, it is always sensible to review your Will and obtain legal advice.

What happens if I have children but do not include guardianship wishes in my Will?

Your family may be left making important decisions without clear guidance from you. Recording your wishes can help provide clarity and reassurance at a difficult time.

Is a Lasting Power of Attorney the same as a Will?

No. A Will deals with what happens after your death, while a Lasting Power of Attorney allows trusted individuals to make decisions on your behalf during your lifetime if you are unable to do so.

The content on this blog is provided for general information purposes only. It does not constitute legal or professional advice and should not be relied upon as such. Specific advice should be obtained in relation to your particular circumstances. No solicitor–client relationship is created by your use of this site or contact via it. Content is provided ‘as is’ and may not reflect the most current legal developments. Please contact us if you require any further information.