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A recent survey by the National Consumer Council has shown that only 17 per cent of people living together unmarried in the UK have written a Will. This is despite warnings to cohabitants that they are not protected under the inheritance rules and their partners will not automatically inherit their partner’s estate should they pass away.

The ‘rules of intestacy’, which outline how a person’s estate will be distributed should someone die without a Will, were simplified in 2014 with the introduction of the Inheritance and Trustees Powers Act 2014. The Act reinforced the position of married couples and civil partners, but did nothing to address the position of cohabitants.

Unmarried couples are still in a vulnerable position as when a cohabitant dies without a Will, under the intestacy rules, it’s unlikely that their partner will inherit their estate and this is especially the case if the couple has children, as the children will take priority.

Find out more about the Act in our article ‘Cohabitees still get nothing under new inheritance reforms’.

Possible intestacy law reforms in the future

Despite the Office for National Statistics finding that cohabiting families are the “fastest growing family type in the UK”, there are no definite plans by the Ministry of Justice to reform the intestacy laws in order to protect unmarried couples.

However, the government is currently pushing for the Cohabitation Rights Bill, which had its second reading on 12 December 2014. Lady Baroness Deech is campaigning strongly for cohabitation and marriage rights to be mirrored as “couples may be trying out a relationship and we should not impose the penalties of a failed marriage”. But the government has faced criticism from pro-marriage campaigners.

Whatever the future of the Bill, it’s imperative that cohabitants protect themselves by writing a Will, and it doesn’t have to be expensive and difficult. With Lawpack you can write a Will from as little as £9.99, with our DIY Will Kit. Or we have teamed up with Irwin Mitchell solicitors to provide our Online Will Service, which can help you write your own Will easily online.

Andrew Capon, Law Society Presidents has said, “don’t make this mess, your legacy”. So protect yourself today.

Thinking about what will happen to your estate once you die might not be something that is at the front of everybody’s mind. In fact, until you reach your 60s or 70s, it could easily be an issue that escapes your attention entirely.

But it simply doesn’t pay to avoid the subject of a Will, as it is a crucial document that will see your wealth distributed in exactly the way you want once you have passed away.

Put it like this, you wouldn’t want somebody to get their hands on your money, property or assets while you are alive without your permission, so why should you in death?

Worryingly, more than 29.5 million Britons do not have a Will and findings by Unbiased.co.uk published by the Express showed that one in five will leave a minimum of £10,000 in savings when they die. This means that there is plenty of cash that could easily end up in the wrong hands because you have not bothered to make a Will.

In all likelihood, you will want your children or close family members to benefit from your estate. This could be enough to make their own retirement a little more comfortable, but you risk them missing out if you do not act.

Of those people who do not have a Will, one in ten have never even considered the importance of having one, while another ten per cent believe their assets will end up with the right people automatically. Simply put, this is not always the case, as your estate could be distributed by the law of intestacy, and your wealth could be at risk if you do not write a Will.

The good news is that if you feel you are ready to make a Will, there are plenty of options at your disposal.

For instance, the cheapest option is to make a DIY Will. This will allow you to explain exactly what you are leaving and to whom in an easy-to-understand manner. It is well worth the minimal investment, should you not be prepared to make a more substantial effort to create a Will.

Another alternative is to visit a solicitor and ask them to draw up a Will for you. Of course, you must be wary that solicitors do not come cheap and you could end up with a hefty bill, but we still think it is a worthwhile option if you do not back yourself to form a DIY Will.

 

Preparing to be the executor of an estate can be an intimidating and mammoth task and those unprepared can easily find themselves daunted.

Lawpack’s Executor’s Guide is an essential must-have that will take you through the most important aspects of the job. Additionally, we’ve provided the top-seven tips to keep in mind as you fulfil your role as executor.

1. Make sure that you file the documents away in an orderly fashion

Ensuring that the documents are ready to hand and exactly where you need them, when you need them is the first and perhaps most important step. To the uninitiated and those without the help of Lawpack’s solicitor approved Executor’s Guide, this is an easily overlooked measure.

Come to an understanding with the testator (the person whose estate you will be handling) that they store the paperwork, such as the original will, any deeds, partnership documents and insurance policies, in an agreed place.

This location can be almost anywhere, such as the testator’s home, a lock box or a safe, so long as it is secure and unlikely to be moved.

Additionally, copies can be held directly by you or filed at the offices of lawyers.

2. Ensure that key pieces of property and accounts are jointly available

If the testator has a spouse or romantic partner, he or she will benefit from a smooth flow of assets if all bank accounts, insurance policies and properties are made jointly accessible.

The Executor’s Guide can help you through this process and once complete, it will greatly reduce the size of the estate you will have to manage once the testator has died.

It is also a good idea to make sure that relevant accounts are linked for any possible business partners the testator has.

A list of people and accounts should be drawn up with the testator and revised if he or she gets divorced, remarried or outlives a child.

3. Make a record of preferences

As difficult as it may be, try to speak with the testator about any funeral requirements they may have.

Will it be a religious ceremony or a humanist service? Does the testator want to be buried or cremated?

These are tough questions that could become points of argument after the individual passes away, which is why it is important to have it all in writing.

4. Assign personal effects to specific recipients

It is important to work with the testator to decide how sentimental items of little monetary worth should be distributed.

These items are often overlooked and can be difficult to sort out after the testator’s death.

With emotions running high, sentimental items can be a source of conflict among the bereaved. Ensuring that recipients are clearly named can save a lot of aggravation and time.

Lawpack’s executor’s guide can provide information on dealing with assets, including the deceased’s property, gifts and legacies.

5. Arrange yearly reviews and amend documents

A lot can happen in a year, so keeping all arrangements and agreements up to date is vital to maintain a clear sense of how the assets should be distributed.

Following the advice set out in the Executor’s Guide, people can update vital information concerning inheritance, funeral wishes and business obligations.

You can also use computers or even smartphones to keep track of any possessions which have changed hands, been stolen or damaged and amend the documents as needed.

6. Keep track of the testator’s online identity

Increasingly we live our lives in the digital space, so when someone dies the executor needs to have access to a variety of accounts the person may have held online.

These could be online banking sites, such as Paypal, auction sites like eBay and social networking pages like Facebook and Twitter.

Even email accounts will need to be accessed and respectfully handled by the executor.

7. Consult professionals

Lawpack’s Executor’s Guide has been written by professionals to help you through each step of becoming and fulfilling the role of an executor.

However, even the best guide and all the preparation in the world cannot beat speaking with a professional solicitor and accountant.

Additionally, you should make contact with the testator’s hired professionals so that they know who to make arrangements with once their client has passed away.  

Why do I need to make a Will?

If you die without making a Will (legally called dying ‘intestate’) your estate will pass in accordance with intestacy law and this might not be according to your wishes.

Intestacy laws cover your property, your personal possessions and savings. Many people believe that their spouse and children will automatically inherit everything, whether they have made a Will or not. But this is not always the case and the best way to protect your family is to write a Will.

Find out more on how the intestacy rules work and how they may affect you with our article ‘Why you should make a will: the intestacy laws explained‘.

Is an Online Will legal? Do you not have to see a solicitor in person to make a proper Will?

Our Online Will software has been written by leading UK law firm Irwin Mitchell so you can be assured that your Will has been worded correctly. Plus, once you’ve made an Online Will, Irwin Mitchell’s team of legal professionals will review the Will for you to make sure that no mistakes have been made and that it suits your needs.

So you don’t need to worry, plus you have the advantage of saving the costs of seeing a solicitor by getting a fixed price and avoiding the hassle of going to a solicitor’s office.

For your Will to be legally binding you must sign and witness it correctly. Once the Will has been reviewed it will be professionally bound and posted to you, accompanied by a guide to witnessing and signing your Will so that you can sign the Will properly.

What is the difference between the Online Will and DIY Will Kit?

Both Wills are legal documents as long as they are completed, signed and witnessed correctly.

The DIY Will is a good option for people who have the time to read the guidance manual and to complete the forms themselves.

If you want the convenience of the Will being made for you and being guided through the process, then the Online Will is for you. It’s a quick and easy process, and you have the advantage of the Will being checked for you by a legal professional so that you will avoid any mistakes being made.

Can’t the children just sort out my estate after I’ve gone?

Sadly, many families are torn apart over disputes caused by the problems of a relative not making a Will, as the family has to imagine what the relative’s wishes would have been.

It’s so much easier for your children, at a time that is incredibly emotionally difficult for them anyway, for you to make the administrative side of your death as easy as possible. By telling them your wishes in advance, your children will have the certainty of following your wishes and take away the doubts of knowing what you have wanted.

I don’t have anything of worth so what’s the point?

Making a Will is not just about assets and money. It’s about giving your relatives or dependants peace of mind and reducing the stress of bereavement and probate. Dealing with someone’s death, practically and emotionally, is difficult enough without the extra complications of there not being a Will.

How can the Online Will be so much cheaper than using a solicitor? Is it really valid?

A properly executed Online Will is perfectly legal, if witnessed and signed correctly. The Online Will software has been produced by qualified lawyers Irwin Mitchell. The solicitors have created an Online Will to meet the needs of the vast majority of people who only need very straightforward Wills to meet their needs.

What if I my requirements are very complicated?

An Online Will is not suitable for everyone and there may be times when you may need to use the services of a solicitor; for example, if you have property abroad or own a share in a business.

If your needs are more complicated, then our Bespoke Will is for you. Lawyers Irwin Mitchell can write a Will for you that meets your circumstances, all at a fixed price.

If you’re a landlord, you probably think it’s far too morbid to be thinking about writing a Will.

But due to the high value of a landlord’s property investments it’s more important than ever that landlords think about what will happen to their assets after their death.

Why landlords need a Will

If you haven’t thought about writing a Will, then you’re not alone. 7 out of 10 people haven’t made a Will.

Many presume that their property and possessions will automatically pass to their spouse/partner when they die, but if you die without writing a Will (legally termed as ‘dying intestate’), your estate will be distributed according to the law of intestacy and this may not be according to your wishes.

Find out why our outdated intestacy laws mean you should be making a Will now.

When a landlord dies intestate all the landlord’s buy to let properties are divided between their spouse and surviving blood relatives, according to the law of intestacy.

So if you haven’t got round to writing a Will, there’s a chance that your spouse will not receive your estate in total. And if you’re not married and living together with a partner, your partner may not receive anything of your estate as cohabitant partners are not automatically recognised in intestacy law.

Find out how cohabitant partners are dealt with under the law of intestacy.

Should a landlord die suddenly without writing a Will, the administering of the landlord’s estate and buy to let property portfolio can be complicated and may be contested. Sorting out a landlord’s estate after death can be a drawn and painful process for the landlord’s relatives and loved ones.

By writing a Will landlords can legally state who they want to directly receive their assets, including their buy to let properties, following their death and reduce any confusion, conflict and legal costs for their families.

What should be included in a landlord’s will?

Before a landlord writes a will, it’s always a good idea for a landlord to think about what they want included in their will. A landlord should consider the following:

• How much money and what property and possessions a landlord has.
• Who will benefit from the landlord’s Will?
• Who should look after any children under the age of 18?
• Who is going to be appointed as an executor to sort out the landlord’s estate and carry out a landlord’s wishes after their death?

Does a landlord need a solicitor to write a Will?

One in five of us write a Will ourselves. Lawpack provides two ways to write a DIY Will if you want to keep the legal costs down. These are:

1. DIY Last Will & Testament Kit

Lawpack has helped over one million people to write their Wills with our bestselling DIY Will Kit. The Kit includes template Will forms plus an expert guidance manual, written by a solicitor, which guides you through the process of completing and signing your Will form.

2. Online Will Writing Service

If you’re not confident enough to fill in the Will forms yourself, Lawpack has teamed up with Irwin Mitchell solicitors to provide you with a fixed price Online Will Writing Service. Just complete the questionnaire online and the Will form is created for you. Lawyers at Irwin Mitchell will then check the Will to give you peace of mind.

If a landlord’s finances are simple, then there is no reason why they need to employ a solicitor. However, there are occasions when a solicitor may be advisable to write a Will:

• If the landlord’s estate is complicated or the way the landlord wants to pass on their estate is very detailed.
• If the landlord has assets or property outside the UK.
• If the landlord owns a business.
• If the landlord has assets in excess of the inheritance tax threshold.
• If the landlord looks after someone with mental or physical disabilities.

If you think that these circumstances apply to you and you need to consult a solicitor to write a Will, then Lawpack has teamed up with UK law firm Irwin Mitchell to provide you with a Fixed Price Bespoke Will Service. You can get your Will professionally written to take into account all of your detailed circumstances. A solicitor will write you a Will all at a fixed price, so you don’t have to worry about soaring legal fees.

Want to make a Will? Find out which of our Will services is right for you, and whether you need a solicitor, by answering just a few simple questions in our Will Questionnaire.

What happens after a landlord has made a Will

Landlords should remember that once they have written a will, it’s vital that they store it in a safe place and tell their executor, close friend or relative where it is. You can store your Will safely and securely with Lawpack’s Will Storage Service.

Landlords must keep their Will up to date. Landlords should review their Will every five years and make a new Will if any major changes occur; for example, they separate, get married or divorce, have a child or move house.

Find out more on when you should revise your Will.

Writing a will can save those closest to you from the heartache and trouble that is often caused by dying without one.

Yet according to research by the National Consumer Council, more than 6 out of every 10 people in the UK haven’t made a will, and a staggering half of us never do.

Many people believe that if they don’t write a will, all their possessions will automatically go to their husband, wife or partner. But it’s not as simple as that.

Dying without a will means a person’s belongings are subject to a set of fixed rules (called ‘intestacy laws‘. Challenging these can be expensive, and there’s no guarantee that the person’s wishes will be fulfilled.

Making a legally valid Will doesn’t have to be expensive or complicated.

Over one million people have successfully made a legally valid Will with Lawpack. And you can join them today from just £14.99.

• Provide for your loved ones
• Protect your children
• Make special gifts to friends, family or charities

7 reasons why you should write a will today

1. You can control who will inherit your money and property after your death.
2. You decide who is the best person to handle your financial affairs.
3. If you have dependant children, you can name a guardian for them.
4. You can save on inheritance tax.
5. You can express your wishes about funeral arrangements.
6. If you marry or divorce, a will can reflect your changed circumstances.
7. If you’re unmarried with no will, your partner may receive nothing.

Lawpack’s Last Will & Testament DIY Standard Pack

• Only £14.99
• Solicitor approved
• Comprehensive Guidance
• Simple to complete Forms
• Also available as a ‘Download Now’ ePack

Make your Will today with Lawpack from £14.99.

 

Want to make a legally valid will in no time at all, and without the fuss, inconvenience and expense of a trip to a solicitor? Worried that a DIY will may not suit your particular circumstances?

Find out if you can use Lawpack’s DIY Will Kit by just answering seven simple questions:

Q1. Do you have your permanent home in England, Wales, Scotland or Northern Ireland?

Yes – go to Q2.

No – This Will Kit is not suitable for you because you are not domiciled in England, Wales, Scotland or Northern Ireland. The law differs between different countries, so for international legal advice Take Legal Advice can help.

Q2. Are you of sound mind*?

Yes – go to Q3.

No – This Will Kit may not be suitable for you. If you have a history of mental disorder or an illness may be affecting your judgement, you should consult a qualified doctor just before preparing your Will. This will help establish whether you are able to make a Will.

*‘Sound mind’ means that you understand what you are giving away, how you are giving it away and who you are giving it to.

Q3. Are you over 18 in England, Wales and Northern Ireland or over 12 in Scotland?

Yes – go to Q4.

No – If you are under the legal age, you cannot make a Will by any means. (The exception is that if you are under 18 and in active service with the armed forces in war, or at sea as a seaman, you can make a Will.)

Q4. Do you have more than £325,000 worth of assets*?

Yes – This Will Kit is suitable for you but it only provides a simple outline of Inheritance Tax planning. If you want to find ways to reduce your Inheritance Tax bill, Lawpack’s book Tax Answers at a Glance can help.

No – go to Q5.

* This 2014/15 figure is the current value of a person’s assets that is free from Inheritance Tax. For the purposes of your Will, ‘assets’ include your property, personal possessions, cash, savings and investments. Note that some insurance policies cannot be left in your Will. You need to check with your insurance provider. Sometimes your pension rights cannot be included in your Will so you should check with your pension provider. If you own a property as a joint tenant (if you do not know how you own your property, then check with the solicitor who did your conveyancing), then your share of that property will automatically pass to the other owner and therefore will not be included in your Will.

Q5. Do you have property abroad*?

Yes – This Will Kit is suitable for you but it is possible that the property that is situated abroad may not be included in your Will. We recommend that you take international legal advice about your foreign property, Take Legal Advice can help.

No – go to Q6.

*If you live in England and own a property in Scotland or Northern Ireland, the property is considered to be foreign property because it is in a different legal jurisdiction. The same applies if you live in Scotland and own a property in England or Northern Ireland, this property is considered to be foreign property because it is in a different legal jurisdiction. Therefore, you need to take legal advice in the country where the property is situated. For legal advice, Take Legal Advice can help.

Q6. Do you own a business or share in a business?

Yes – This Kit may be suitable for you but there may be extra complications that you need to be aware of.

If you run a business on your own (sole proprietor) and you want the business to continue after your death or to pass to one of your beneficiaries, then this Kit is not suitable for you and you should take legal advice. For legal advice, Take Legal Advice can help.

If you are part of a partnership, this Will Kit may be suitable for you, but there may be complications depending on whether you have a partnership deed or not and whether the partnership can pass under your Will. You should make sure you have checked this before you make your Will.

If you own all or part of a private company, there may be restrictions on who you can transfer shares to. You should make sure you have checked this before you make your Will. For legal advice, Take Legal Advice can help.

If you own shares in a public company (Plc), then there is no restriction on who you transfer shares to and this Kit will be suitable for you.

No – See Q7.

Q7. Are you married or in a civil partnership?

Yes – This Kit is suitable for you.

No – This Kit is suitable for you. It is very important that you make a Will if you are living with someone as this person may get nothing from your estate if you die without having made a Will. If you have children, you should take legal advice about getting parental responsibility* before you make your Will. For legal advice, Take Legal Advice can help.

*An unmarried father does not automatically have parental responsibility (the ability to make decisions about their child’s welfare) unless the child was born after 1 December 2003 and the father is named on the birth certificate.

The unmarried mother automatically has parental responsibility. The appointment of a guardian in your Will is only effective after both parents with parental responsibility die. So if the father does not have parental responsibility, it is possible for a mother to name someone in their Will other than the father to be the child’s guardian.

Make a DIY will now!

Found our DIY Kit not suitable for your circumstances? Answer our simple questionnaire to find out if our Fixed-Price Online Will Service or Fixed-Price Bespoke Will Service can help.