Emily, 44, lives in Manchester with her husband and two sons, aged 14 and 6. The couple jointly own properties in Manchester and London worth £3.5 million and have £50,000 in savings. They haven’t yet made a will and like many, Emily has struggled with the idea of will-making – with difficult decisions and a busy life being barriers. 

Fourteen years ago, when Emily and her husband first discussed writing their wills, they couldn’t agree on who would become their children's guardian if both passed away. “We just couldn’t decide who should take care of our boys,” Emily explains. “Eventually, the conversation stalled, and life got busier. My husband travels frequently for work, and writing a will just never feels like the priority.”

Now, with their children getting older, Emily still hasn’t acted, assuming that if the worst happens, their children will inherit everything, and their guardianship will naturally fall to one of the grandparents. However, she adds, “That’s not what we really want — we’d prefer my best friend to care for them, but nothing is formalised.”

Why hasn't Emily made her will?

Emily admits that the process seems daunting. “Every time I think about it, I worry it will be complicated, and I’ll have to answer a lot of questions I’m not ready for. If someone could do it quickly for me, I’d prioritise it.”

Kirsty Limacher, Legal Consultant at The Association of Lifetime Lawyers says:

Emily’s situation is common. Having to decide who would look after your children if the worst were to happen can be a difficult, emotional conversation – especially if it’s not obvious who that guardian would be. 

But if Emily’s wish is for her children to be cared for by her best friend, rather than a relative, it’s even more important that she sets out her wishes clearly in a will. If there is any dispute about who should care for the children, the court would decide who is best placed to care for them – which could be a costly and distressing process for those involved, at a time when they are already grieving. 

Emily and her husband believe they hold their properties as joint tenants, meaning the properties will automatically pass to the survivor of them, along with any money held in joint accounts. Given that they have only a small amount in savings, if that is held in accounts in their sole names, it will also pass to the survivor of them under the intestacy rules along with their personal items.    

The difficulty arises if they die together, or if the surviving spouse hasn’t made a will before they die. Their combined assets will pass in equal shares to their children, and the children will be entitled to their inheritance at the age of eighteen. Emily and her husband may consider this too young—through a will, they can specify an older age for the children to inherit.

If the children are under eighteen, then two people will need to apply to administer the estate on the children's behalf and manage the money for them until they reach eighteen. Without leaving wills, Emily and her husband can’t choose who will act as personal representatives and the people who apply on behalf of the children may be people they wouldn’t have chosen. In addition to appointing executors and guardians in their wills, Emily and her husband can also ensure that their estates are managed in a tax-efficient way.

If the surviving spouse dies later without having made a will, the above scenario still applies, unless the survivor has remarried or formed a civil partnership in the meantime, in which case their new spouse or civil partner will be entitled to a portion of their estate under the intestacy rules.

Making a will often feels overwhelming and for this reason is something many people put off doing.  But when working with a professional it’s a straightforward process and doesn’t have to take a long time.  

Having an up-to-date will ensures that your wishes are carried out when you die and helps ease the distress for your loved ones.

Delaying making a will only increases the risks. Without a will, the law will decide how your assets are distributed. Working with a professional, such as an Accredited Lifetime Lawyer, will ensure Emily and her husband’s wishes are carried out and their family is cared for according to their preferences.  

To find an Accredited Lifetime Lawyer near you, click here.