For some people, the idea of making a will makes them feel morbid so they shut it out of their minds and think about something else. While such a view is perfectly understandable it is misguided, because young or old, the only thing we can be certain of is we will all die sooner or later. And if you don't make a will you can be sure your grieving loved ones will receive the last thing they want - an administrative headache as they struggle to cope with what happens with your property and possessions.
Remember, if you don't make a will, then the Government in effect makes one for you. There are fixed rules which dictate where your money and treasured possessions go. This could mean your friends, your favourite charities and even some relatives may get nothing.
The inheritance law doesn't automatically recognise live-in partners either, just married couples. So even if you have lived together for years your partner may get nothing if you haven't made a will, unless your property was in joint names before you died or your partner goes to court.
And of course, there really is nothing scary about making a will. It simply puts you in charge and allows you to decide what happens to your property when you die. With a will - properly put together by a solicitor - you can be more confident that what you want to happen after your death actually takes place.
The best way to choose a solicitor is by personal recommendation. Ask your family, friends, neighbours or colleagues. Have they ever needed to use a solicitor and was he or she any good? If you still can't find one you can look in the Solicitors' Regional Directory at your local library or Citizens Advice Bureau. The directory lists all the solicitors in your area and describes the work they specialise in.
Having found a solicitor the next step is to ask how much he/she will charge. Don't be afraid to ask. Solicitors' prices for wills are very competitive and it will probably cost less than you think. In most cases it will cost you less than buying a TV licence.
Once you've made the appointment to see your solicitor, think about what exactly you have to leave and who you would like to leave it to. Make a list beforehand and include things like insurance policies, premium bonds (although not transferable you still have to list them), any property you own as well as treasured possessions. If you have young children or pets, think about who you would like to care for them in the event of your death. Once you've outlined your wishes to your solicitor, he/she will draw up your will. You will then be asked to check over it to make sure your wishes have been correctly expressed.
Your solicitor will also ask you to choose who you want to be an executor. This is the person who will actually carry out your wishes after your death. The executor or executors - you can have more than one - can be beneficiary of your will. Most people choose their grown-up children or a close friend of the family. If you don't know anyone suitable you can always ask your solicitor to be your executor. A solicitor or a bank will charge the estate for their services - with the money coming out of the estate - you do not have to pay in advance.
To make your will legally binding, two people - who cannot benefit from your will - will have to witness it. You don't have to worry about finding witnesses, as your solicitor will usually ask two people from the firm.
Once you are happy with your will, your solicitor will give you a copy and, if you wish, keep the original for you free of charge. But don't forget, once you have made your will, this doesn't mean you can't change it afterwards. Indeed, it is advisable to update your will at least every three to five years, or sooner if your circumstances have changed - for example if you get married, divorced or move house or have children.
Thinking about death is never easy, but if you care about your family and friends, making a will really is the sensible thing to do. So put yourself in charge and go and see a solicitor.
